Palmer v. Cottrell et al (INMATE2)

Filing 5

ORDER AND OPINION; On May 5, 2010, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. 4 . Upon an independent review of the file in this case and upon consideration of the Recommendation of the Ma gistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that plaintiff's complaint is DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable W. Harold Albritton, III on 5/24/2010. (jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) Plaintiff, ) ) v. ) ) OFFICER KENNETH COTTRELL, et al., ) ) Defendants. ) KENNETH PALMER, #148312, CIVIL ACTION NO. 2:10cv363-WHA ORDER AND OPINION On May 5, 2010, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). 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 plaintiff's complaint is DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii). Done this the 27th day of May, 2010. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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