Hayes v. Hill et al (INMATE2)

Filing 17

ORDER ADOPTING 12 RECOMMENDATION of the Magistrate Judge; dismissing Plaintiff's complaint against Defendants Giles and Monk with prejudice, prior to service of process; dismissing Giles and Monk as parties; referring the case against the remaining defendants back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 9/16/09. (Attachments: # 1 Civil Appeals Checklist)(br, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION EDDIE AHMAD HAYES, #233519, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #12) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. No. 12) of the Magistrate Judge is ADOPTED. It is further ORDERED as follows: 1. Plaintiff's complaint against Defendants Giles and Monk is DISMISSED with prejudice, prior to service of process, pursuant to 28 U.S.C. 1915(e)(2)(B)(i & ii); 2. Defendants Giles and Monk are DISMISSED as parties to the complaint; and CASE NO. 2:09-cv-709-ID [WO] S. HILL, et al., Defendants. 3. This case, with respect to the allegations set forth against the remaining defendants, is referred back to the Magistrate Judge for appropriate proceedings. D o n e this 16 th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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