Taylor v. Franklin et al (INMATE2)

Filing 7

ORDERED that: (1) The 6 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's claims that he has been denied access to television and radio and that Defendants are improperly taxing postage-paid envelopes be DISMISSEDwith prejudic e prior to service of process pursuant to the directives of 28U.S.C. § 1915(e)(2)(B)(i); (3) Plaintiff's claim that he is being denied access to the courts be DISMISSED prior to service of process pursuant to the directives of 28 U.S.C.  67; 1915(e)(2)(B)(ii); and (4) This case, with respect to Plaintiffs claim that his First Amendment rights are being violated by a denial of access to newspapers and magazines, be referred back to the magistrate judge for further proceedings. Signed by Honorable Ira De Ment on 2/3/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O H N WILLIAM TAYLOR Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 2:09-CV-06-ID [W O ] W ILLIA M E. FRANKLIN, et al., Defendants. ORDER O n January 14, 2010, the Magistrate Judge filed a Recommendation (Doc. 6) in this c a se to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 6) of the Magistrate Judge is ADOPTED; P la in tiff's claims that he has been denied access to television and radio and th a t Defendants are improperly taxing postage-paid envelopes be DISMISSED w ith prejudice prior to service of process pursuant to the directives of 28 U . S . C . 1915(e)(2)(B)(i); 3. P la in tiff's claim that he is being denied access to the courts be DISMISSED p rio r to service of process pursuant to the directives of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(ii); and 4. T h is case, with respect to Plaintiff's claim that his First Amendment rights are b e in g violated by a denial of access to newspapers and magazines, be referred b a c k to the magistrate judge for further proceedings. Done this 3 r d day of February, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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