Chambers v. Temple et al (INMATE 2)

Filing 20

OPINION and ORDER adjudging as follows: (1) the 7 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED; (2) the plf's claims against the Alabama Department of Corrections be and are hereby DISMISSED with prejudice prior to servi ce of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); (3) the Alabama Department of Corrections be and is hereby DISMISSED as a defendant in this cause of action; and (4) this case, with respect to the plf's claims against the remaining defendants, be and is hereby referred back to the undersigned for appropriate proceedings. Signed by Honorable Ira De Ment on 3/21/11. (Attachments: # 1 civil appeals checklist)(djy, )

-CSC Chambers v. Temple et al (INMATE 2)

Doc. 20

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

TERRY LEE CHAMBERS, # 270079,

) ) Plaintiff, ) ) v. ) ) STATE OF ALABAMA, DEPARTMENT ) OF CORRECTIONS, et al., ) ) Defendants. )

CIVIL ACTION NO. 2:11cv25-ID (WO)

OPINION and ORDER On February 28, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 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. 2. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; The plaintiff's claims against the Alabama Department of Corrections be and

are hereby DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 3. The Alabama Department of Corrections be and is hereby DISMISSED as a

defendant in this cause of action; and

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4.

This case, with respect to the plaintiff's claims against the remaining

defendants, be and is hereby REFERRED BACK to the undersigned for appropriate proceedings. Done this 21st day of March, 2011.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE