Morris v. Nummy et al (INMATE 2)

Filing 12

ORDERED that 9 objection to 3 Recommendation of the Magistrate Judge is overruled; (2) The Recommendation of the Magistrate Judge is ADOPTED, APPROVED and AFFIRMED; and (3) The Complaint is hereby DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(A)(b)(1) as the complaint is not filed within the time prescribed by the applicable period of limitations. Signed by Honorable Ira De Ment on 2/26/2010. (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 G E O R G E HOEY MORRIS, # 1 1 6 7 2 -0 0 2 P l a i n t if f , v. AL A N NUMMEY, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C A SE NO. 2:09-CV-1086-ID (W O )

ORDER
A fte r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection to the Recommendation of the Magistrate Judge filed on F e b ru a ry 16, 2010 (Doc. No. 9), is overruled; 2 . The Recommendation of the Magistrate Judge filed on December 7, 2009 (Doc. N o . 3), is hereby ADOPTED, APPROVED and AFFIRMED; 3 . The Complaint is hereby DISMISSED with prejudice prior to service of process p u rsu a n t to the provisions of 28 U.S.C. § 1915(A)(b)(1) as the complaint is not filed within the time prescribed by the applicable period of limitations. DONE this 26 th day of February, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE