North v. Daniels et al (INMATE 1)

Filing 7

ORDER and OPINION that the 6 ADOPTING REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED and that: (1) plf's claims against the Alabama Dept of Corrections and the Elmore Correctional Facility are DISMISSED with prejudice in ac cordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); (2) the Alabama Dept of Corrections and the Elmore Correctional Facility are DISMISSED as defendants in this cause of action; (3) this case, with respect to the allegations set forth against def Daniels, is referred back to the Mag Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 4/9/10. (Attachments: # 1 civil appeals checklist)(djy, )

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 T IL L M AN NORTH, AIS# 252941, P l a i n t if f , v. W AR D E N DANIELS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:10cv205-ID

O R D E R AND OPINION O n March 15, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 6). Upon an independent review of the 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 and is hereby ADOPTED and that: 1. T h e plaintiff's claims against the Alabama Department of Corrections and the

E lm o re Correctional Facility are DISMISSED with prejudice in accordance with the p rovision s of 28 U.S.C. § 1915(e)(2)(B)(I). 2. T h e Alabama Department of Corrections and the Elmore Correctional Facility

a re DISMISSED as defendants in this cause of action.

3.

T h is case, with respect to the allegations set forth against defendant Daniels

is referred back to the Magistrate Judge for appropriate proceedings. Done this the 9 th day of April, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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