Flakes v. Daniels et al (INMATE 2)

Filing 8

ORDERS as follows: (1) The 7 Objection is hereby OVERRULED; (2) The 5 Recommendation of the Magistrate Judge is ADOPTED, APPROVED, and AFFIRMED; (3) Plaintiff's action is hereby DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B); and (4) The Court will enter a separate final judgment. Signed by Honorable Ira De Ment on 3/23/2010. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CLINT A. FLAKES, #191 068 Plaintiff, v. WARDEN DANIELS, et al., Defendants. ) ) ) ) ) ) ) ) )

2:10-CV-57-ID (WO)

ORDER B e fo re the Court are the Recommendation of the Magistrate Judge (Doc. 5, filed M a rc h 4, 2010) and Plaintiff's Objection to the Recommendation of the Magistrate Judge (D o c . 7, filed March 17, 2010). The Court, having conducted a de novo review of those p o rtio n s of the Recommendation to which objection is made, ORDERS as follows: 1. 2. P la in tiff's Objection (Doc. 7) be and the same is hereby OVERRULED. T h e Recommendation of the Magistrate Judge (Doc. 5) be and the same is h e re b y ADOPTED, APPROVED and AFFIRMED. 3. P la in tiff's action is hereby DISMISSED with prejudice prior to service of p ro c e ss pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B). 4. T h e Court will enter a separate final judgment.

Done this 23rd day of March, 2010. /s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE