Stewart v. Alabama Department of Corrections et al (INMATE 1)

Filing 12

ORDER AND OPINION, it is ORDERED and ADJUDGED that the 7 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The plf's claims against the AL Dept. of Corrections are DISMISSED with prejudice pursuant to the directives of 28 USC 1915(e)(2)(B)(I); 2) The AL Dept. of Corrections is DISMISSED as a dft in this cause of action; 3) This case, with respect to the allegations set forth against the remaining dfts, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 9/15/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R O B E R T FRANKLIN STEWART, #197704 P l a i n t if f , v. AL A B AM A DEPT. OF CORRECTIONS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09CV684-ID

O R D E R AND OPINION O n August 26, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. No. 7). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e plaintiff's claims against the Alabama Department of Corrections are D IS M IS S E D with prejudice pursuant to the directives of 28 U.S.C. § 1 9 1 5 ( e ) ( 2 ) ( B ) ( I) . 2. T h e Alabama Department of Corrections is DISMISSED as a defendant in this c a u se of action.

3.

T h is case, with respect to the allegations set forth against the remaining d e fe n d a n ts, is referred back to the Magistrate Judge for appropriate p roc ee d ings.

Done this the 15 th day of September, 2009.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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