North v. Lewis et al (INMATE1)

Filing 7

ORDER that: (1) The plaintiff's claims against the Alabama Department of Corrections and the Elmore Correctional Facility are DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); (2) The Alabama Depart ment of Corrections and the Elmore Correctional Facility are DISMISSED as defendants in this cause of action; and (3) This case with respect to the allegations set forth against Defendant Lewis, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 4/6/2010. (cb, )

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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 T IL L M A N NORTH, AIS# 252941, P l a in tif f , v. O F F IC E R LEWIS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:10cv206-TMH 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 f ile 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: 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 ro v is io n 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 Lewis, is re f e rr e d back to the Magistrate Judge for appropriate proceedings. D o n e this the 6 th day of April, 2010. /s / Truman M. Hobbs _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________________ S E N IO R UNITED STATES DISTRICT JUDGE 2

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