Harris v. Allen et al (INMATE 1)

Filing 12

ORDER ADOPTING 4 REPORT AND RECOMMENDATION of the Mag Judge; further ORDERING as follows: (1) plf's claims against the Alabama Dept of Corrections are DISMISSED, with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); (2) the Alabama De pt of Corrections is DISMISSED as a defendant in this cause of action; and (3) this case, with respect to the allegations set forth against the remaining defendants, is referred back to the Mag Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 11/16/09. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TYRONE HARRIS, #118835, Plaintiff, v. RICHARD ALLEN, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. No. 4) in this case to which no timely objections have been filed.1 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 of the Magistrate Judge is ADOPTED. It is further ORDERED as follows: 1. Plaintiff's claims against the Alabama Department of Corrections are DISMISSED, with prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B)(I); 2. The Alabama Department of Corrections is DISMISSED as a defendant in CASE NO. 2:09-CV-965-ID Plaintiff did file a document in response to the Recommendation, see Response (Doc. No.8), which, in substantive part, only urged the Court to "evaluate his claim carefully." Accordingly, the Magistrate Judge construed this pleading as a Motion for Reconsideration of the Recommendation and denied it. See Order (Doc. No. 9). Plaintiff's "Response" omits any substantive objection to the proposed findings of the Recommendation. 1 this cause of action; and 3. This case, with respect to the allegations set forth against the remaining defendants, is referred back to the Magistrate Judge for appropriate proceedings. Done this 16th day of November, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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