Wallace v. Allen et al (INMATE 1)

Filing 56

ORDER directing that, upon an independent review of the file in this case and upon consideration of the 53 Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's motion to dismiss is GRANTED; 3. The claims against Richard Allen are dismissed with prejudice and Richard Allen is dismissed as a party to this cause of action; 4. This case, with respect to the plaintiff's claims against the remaining defendants is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 6/25/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES EDWARD WALLACE, #207922, )
)
Plaintiff,
)
v.
)
)
RICHARD ALLEN, et al.,
)
)
Defendants.
)

CASE NO. 2:10-cv-361-MEF

ORDER
On May 25, 2012, the Magistrate Judge filed a Recommendation (Doc. #53) in this
case to which no timely objections have been filed. Upon an independent review of the file
in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. Plaintiff's motion to dismiss is GRANTED.
3. The claims against Richard Allen are dismissed with prejudice and Richard Allen
is dismissed as a party to this cause of action.
4. This case, with respect to the plaintiff's claims against the remaining defendants
is referred back to the Magistrate Judge for additional proceedings
th

DONE this the 25 day of June, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE