Stallworth v. Kilby Correctional Facility et al (INMATE2)

Filing 20

ORDER AND OPINION adopting the 15 Recommendation; dismissing the claims against the Kilby Correctional Facility with prejudice prior to service; dismissing Kilby Correctional Facility as a party; referring the case back to the Magistrate for further proceedings. Signed by Honorable Ira De Ment on 9/29/2010. (br, )

Stallworth v. Kilby Correctional Facility et al (INMATE2)

D o c . 20

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 K IN W E N L. STALLWORTH, #203660, P l a i n t if f , v. K IL B Y CORRECTIONAL FACILITY, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:10cv469-ID

O R D E R AND OPINION O n September 8, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 15). Upon an independent review of th e 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 a n d is hereby ADOPTED and that: 1. P lain tiff's claims against the Kilby Correctional Facility are DISMISSED with p re ju d ic e prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); 2. T h e Kilby Correctional Facility is DISMISSED as a party to the complaint; and

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3.

T h is case with respect to the remaining defendants is referred back to the M ag istrate Judge for additional proceedings.

Done this the 29 th day of September, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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