Bell et al v. Riley et al (INMATE 2)

Filing 22

ORDERED that: (1) The plaintiff's 21 Objection to 16 Report and Recommendations, is overruled; (2) The 16 Recommendation of the Magistrate Judge is adopted; (3) That plaintiff's challenge to the revocation of his probation is DISMISSE D without prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); and (4) This case is referred back to the Magistrate Judge for further proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 2/24/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION D A R R IU S BRYANT BELL, #149992, P la in tif f , v. J A M E S EDWARD SPENCER, et al., D e f e n d a n ts. ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-1076-MEF WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #21) to the Recommendation of the Magistrate J u d g e filed on February 16, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #16) entered on January 25, 2 0 1 0 is adopted; 3 . That plaintiff's challenge to the revocation of his probation is DISMISSED without p re ju d ic e in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). 4 . This case is referred back to the Magistrate Judge for further proceedings. D O N E this the 24th day of February, 2010.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE