Watkins v. Hayes et al (INMATE2)

Filing 12

ORDER directing that after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The plaintiff's 11 objection to the Recommendation of the Magistrate Judge filed on June 21, 2010 is overruled; (2) The [ 10] Recommendation of the Magistrate Judge filed on June 1, 2010 is adopted; (3) Plaintiff's complaint challenging events which occurred on December 1, 2005 and June 29, 2007 is DISMISSED with prejudice pursuant to the directives of 28 U.S.C. &# 167; 1915(e)(2)(B)(i) as plaintiff failed to file the complaint with regard to these allegations within the time prescribed by the applicable period of limitations; and (4) The complaint is DISMISSED prior to service of process. Signed by Honorable Truman M. Hobbs on 9/21/10. (scn, )

W a t k i n s v. Hayes et al (INMATE2)

D o c . 12

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION T Y R E T. WATKINS, P l a i n t if f , v. M S . HAYES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:10-cv-0376-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #11) to the Recommendation of the Magistrate J u d g e filed on June 21, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #10) filed on June 1, 2010 is a d o p te d ; 3 . Plaintiff's complaint challenging events which occurred on December 1, 2005 and J u n e 29, 2007 is DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1 9 1 5 (e )(2 )(B )(i) as plaintiff failed to file the complaint with regard to these allegations w ith i n the time prescribed by the applicable period of limitations. 4 . The complaint is DISMISSED prior to service of process. D O N E this the 21st day of September, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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