Anderson v. Allen (INMATE2)

Filing 32

ORDER; that 1. The plaintiff's objection 17 to the Recommendation of the Magistrate Judge filed on November 16, 2010 is overruled; 2. The Recommendation of the Magistrate Judge 15 filed on November 3, 2010 is adopted; 3. Plaintiff's cla ims against the Alabama Department of Corrections are DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i) and the Alabama Department of Corrections is DISMISSED as a party to this cause of action. 4. This case with respect to plaintiff's claims against the remaining defendants is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Truman M. Hobbs on 12/15/2010. (jg, )

A n d e r s o n v. Allen (INMATE2)

D o c . 32

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION B IL L Y W. ANDERSON, #183981, P l a i n t if f , v. R IC H A R D ALLEN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:10-cv-0693-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. #17) to the Recommendation of the Magistrate J u d g e filed on November 16, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #15) filed on November 3, 2 0 1 0 is adopted; 3 . Plaintiff's claims against the Alabama Department of Corrections are DISMISSED w i th prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i) and the A la b a m a Department of Corrections is DISMISSED as a party to this cause of action. 4 . This case with respect to plaintiff's claims against the remaining defendants is r e f e rr e d back to the Magistrate Judge for further proceedings. D O N E this the 15th day of December, 2010.

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/s / Truman M. Hobbs

TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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