Graham v. Alabama Department of Corrections et al (INMATE 2)(LEAD)

Filing 9

ORDER adopting the 7 RECOMMENDATION of the Magistrate Judge that this 42 U.S.C. § 1983 action is DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Ira De Ment on 2/24/2010. (br, )

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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 JE F F R E Y GLENN GRAHAM, P l a i n t if f , v. AL A B AM A DEPT OF CORRECTIONS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:09cv1170-ID O R D E R AND OPINION O n January 21, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. No. 7). 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 this 42 U.S.C. 1983 action is DISMISSED without p rejud ice prior to service of process pursuant to the provisions of 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( ii ). Done this the 24 th day of February, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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