Watkins v. Easterling Correctional Facility et al (INMATE 2)

Filing 35

ORDER directing that: (1) the plf's 33 objections to the recommendation be and the same is hereby OVERRULED; (2) the 21 REPORT AND RECOMMENDATION of the Mag Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; (3) the claims again st the Easterling Correctional Facility be and the same are hereby DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); (4) the Easterling Correctional Facility be and the same is hereb y DISMISSED as a party to the complaint; and (5) this case, with respect to the remaining defendants, be and the same is hereby REFERRED back to the Mag Judge for additional proceedings. Signed by Honorable Ira De Ment on 8/25/10. (Attachments: # 1 civil appeals checklist)(djy, )

Watkins v. Easterling Correctional Facility et al (INMATE 2)(MEMBER CASE)

Doc. 35

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T Y R E T. WATKINS, #184 333 P la in tiff, v. E A S T E R L IN G CORR. FAC., et al., D e fe n d a n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 2:10-cv-475-ID (W O )

ORDER
C u rre n tly before the Court are the Recommendation of the Magistrate Judge (Doc. # 2 1 ) and the Plaintiff's Objection to the Recommendation (Doc. #33). The Court has c o n d u c te d a de novo review of the Recommendation of the Magistrate Judge. C O N S ID E R E D and ORDERED that 1 . The Plaintiff's Objection (Doc. #33) to the Recommendation of the Magistrate J u d g e be and the same is hereby OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #21) be and the same is h e re b y ADOPTED, APPROVED, and AFFIRMED; 3. The claims against the Easterling Correctional Facility be and the same are hereby D IS M I S S E D with prejudice prior to service of process pursuant to the provisions of 28 U .S .C . § 1915(e)(2)(B)(i); 4 . The Easterling Correctional Facility be and the same is hereby DISMISSED as a p a rty to the complaint; and It is

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5. This case, with respect to the remaining defendants, be and the same is hereby R E F E R R E D back to the Magistrate Judge for additional proceedings. Done this the 25th day of August, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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