Steele v. McKathan et al (INMATE 2)

Filing 5

ORDER AND OPINION; ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that plf's complaint is DISMISSED with prejudice prior to service of process under the provisions of 28 USC 1915(e)(2)(B)(i) and (iii). Signed by Honorable Truman M. Hobbs on 10/16/2009. (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 J IM M IE STEELE, P l a in tif f , v. J U D G E MCKATHAN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv854-TMH

O R D E R AND OPINION O n September 24, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). 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 plaintiff's complaint is DISMISSED with prejudice prior to service of process under the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). Done this the 16 th day of October, 2009.

/s / Truman M. Hobbs ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____________________ S E N IO R UNITED STATES DISTRICT JUDGE