Whitley v. Albright et al (INMATE 2)

Filing 35

ORDER ADOPTING 21 REPORT AND RECOMMENDATION of the Mag Judge; further ORDERING as followsS: (1) plf's claims against the Julia Tutwiler Prison for Women and the Ala Dept of Corrections are DISMISSED with prejudice prior to service of process u nder 28 U.S.C. § 1915 (e)(2)(B)(i); (2) The Julia Tutwiler Prison for Women and the Ala Dept of Corrections are DISMISSED as parties to this cause of action; (3) plf's claims of verbal abuse and harassment are DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915 (e)(2)(B)(i); and (4) this case, with respect to plf's remaining claims against Warden Frank Albright is referred back to the Mag Judge for further proceedings. Signed by Honorable Truman M. Hobbs on 9/14/10. (Attachments: # 1 civil appeals checklist)(djy, )

W h i t l e y v. Albright et al (INMATE 2)

D o c . 35

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GALE ACREMAN WHITLEY, #255002, ) ) P la in ti ff , ) ) v. ) ) ) WARDEN FRANK ALBRIGHT, et al., ) ) Defendant. ) O RDER
T h e Magistrate Judge entered a Recommendation (Doc. #21) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #21) of the Magistrate Judge is A D O P T E D . It is further O R D E R E D as follows: 1. P la in tif f 's claims against the Julia Tutwiler Prison for Women and the A lab a m a Department of Corrections are DISMISSED with prejudice prior to serv ice of process under 28 U.S.C. § 1915 (e)(2)(B)(i); 2. T h e Julia Tutwiler Prison for Women and the Alabama Department of C o rre c tio n s are DISMISSED as parties to this cause of action;

CASE NO. 2:10-cv-315-TMH

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3.

P lain tiff 's claims of verbal abuse and harassment are DISMISSED with p re ju d ic e prior to service of process under 28 U.S.C. § 1915 (e)(2)(B)(i); and

4.

T h is case, with respect to Plaintiff's remaining claims against Warden Frank A lb r ig h t is REFERRED back to the Magistrate Judge for further proceedings.

A separate judgment shall issue. D o n e this 14 th day of September, 2010. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE

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