Buchanon v. Thompkins et al (INMATE 2)

Filing 21

OPINION AND ORDER adopting the 7 Recommendation; dismissing the plaintiff's claims against Defendants Boyd, Sconyers, Barbers, and Woods with prejudice prior to service of process; dismissing the same defendants as parties in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); and referring the case back to the magistrate for appropriate proceedings. Signed by Honorable Ira De Ment on 9/28/2010. (Attachments: # 1 Civil Appeals Checklist) (br, )

Buchanon v. Thompkins et al (INMATE 2)

Doc. 21

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T E R R Y JAMES BUCHANON, II, # 2 2 4 845, P la in tiff, v. S G T . BRIAN THOMPKINS, et al., D e fe n d a n ts . ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:10cv660-ID (WO)

O P I N I O N and ORDER O n September 1, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 7). 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 as follows that: 1. The Recommendation of the Magistrate Judge (Doc. #7) be and the same is

h e re b y ADOPTED; 2. T h e plaintiff's claims against Defendants Boyd, Sconyers, Barbers, and Woods

b e and the same are hereby DISMISSED without prejudice and prior to service of process; 3. D e fe n d a n ts Boyd, Sconyers, Barbers, and Woods be and the same are hereby

D IS M IS S E D as parties in this cause of action in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); and 4. T h is case, with respect to the remaining defendants, be and the same is hereby

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REFERRED BACK to the United States Magistrate Judge for appropriate proceedings. D o n e this the 28th day of September, 2010.

/s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE