Jones v. Coffee County Sheriff's Department et al (INMATE 2)

Filing 8

ORDER ADOPTING 5 RECOMMENDATION of the Magistrate Judge; ORDERED that Plf's claims against the Coffee County Sheriff's Department are DISMISSED, with prejudice and prior to service of process, in accordance with the provisions of 28 USC 1 915(e)(2)(B)(i), and the Coffee County Sheriff's Department is DISMISSED as a dft in this cause of action; ORDERED that this case, with respect to Plf's claims against the remaining dfts, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 12/23/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROCKY JONES, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #5) 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. #5) of the Magistrate Judge is ADOPTED. It is further ORDERED that Plaintiff's claims against the Coffee County Sheriff's Department are DISMISSED, with prejudice and prior to service of process, in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i), and the Coffee County Sheriff's Department is DISMISSED as a defendant in this cause of action. It is further ORDERED that this case, with respect to Plaintiff's claims against the remaining defendants, is referred back to the Magistrate Judge for appropriate proceedings. CASE NO. 2:09-cv-1070-ID [WO] COFFEE COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. D o n e this 23 r d day of December, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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