Johnson v. Mclendon et al (INMATE2)

Filing 8

ORDER directing that (1) the 4 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's 5 Objection to the Recommendation be OVERRULED; (3) Plaintiff's complaint challenging events which occurred on 04/05/2008 be DISMISSED wit h prejudice pursuant to the directives of 28 U.S.C. § 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 limitation; and (4) this complaint be DISMISSED prior to service of process. Signed by Honorable Ira De Ment on 12/1/10. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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- T F M Johnson v. Mclendon et al (INMATE2) Doc. 8 THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION N IC A D E M U S ORLANDO JOHNSON, P l a i n t if f , v. O F F I C E R ANTHONY MCLENDON, et al. , D e f e n d a n ts . ) ) ) ) ) ) ) ) ) 2 : 1 0 -C V -90 0 -ID WO ORDER O n October 29, 2010, the Magistrate Judge filed a Recommendation (Doc. 4) in this c a se , and a Supplemental Recommendation (Doc. 7) on November 10, 2010. Plaintiff has n o t filed timely objections to the Supplemental Recommendation. Upon an independent re vie w of the file in this case and upon consideration of the Recommendation of the M a gistrate Judge, it is ORDERED that: 1. 2. 3. T h e Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED; P la in tiff's Objections to the Recommendation (Doc. 5) be OVERRULED; P la in tiff's complaint challenging events which occurred on April 5, 2008 be D IS M IS SE D 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 a lle ga tio n s within the time prescribed by the applicable period of limitation; and Dockets.Justia.com 4. T h i s complaint be DISMISSED prior to service of process. D o n e this 1 st day of December, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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