Blanton v. Easterling Correctional Facility et al (INMATE 1)

Filing 11

ORDER ADOPTING 5 REPORT AND RECOMMENDATION. It is further ORDERED that: a. Plaintiff's claims against Easterling Correctional Facility are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i); b. the Easterl ing Correctional Facility is DISMISSED as a defendant in this cause of action; c. Plaintiffs allegations of threatening and derogatory language areDISMISSED with prejudice in accordance with the provisions of 28 U.S.C.§ 1915(e)(2)(B)(i); and d. this case, with respect to the equal protection, due process, and use of force claims lodged against Defendants Davenport, Drake, Campbell, and Bell, is REFERRED back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 3/3/2010. (Attachments: #(1) Civil Appeals Checklist)(dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JONATHAN A. BLANTON, SR., AIS #228318, P la in ti ff , v. ) ) ) ) ) ) ) ) ) ) ) ) O RDER 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 a. Plaintiff's claims against the Easterling Correctional Facility are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1 91 5( e) (2 )( B) (i ); CASE NO. 2:10-cv-031-TMH [WO] EASTERLING CORRECTIONAL FACILITY, et al., Defendants. b. the Easterling Correctional Facility is DISMISSED as a defendant in this cause of action; c. Plaintiff's allegations of threatening and derogatory language are DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i); and d. this case, with respect to the equal protection, due process, and use of force claims lodged against Defendants Davenport, Drake, Campbell, and Bell, is REFERRED back to the Magistrate Judge for appropriate proceedings. Done this 3 r d day of March, 2010. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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