Copeland v. Alabama Department of Corrections et al (INMATE 2)

Filing 29

ORDER, JUDGMENT and DECREE that: 1) The 15 Recommendation is ADOPTED; 2) Plf's claims against the Alabama Department of Corrections are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 USC § 1915(e)(2) (B)(i); 3) The Alabama Department of Corrections is DISMISSED as a party to this complaint; and 4) This case with respect to the remaining dfts is referred back to the undersigned for additional proceedings. Signed by Honorable Truman M. Hobbs on 4/21/2011. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ LARRY WAYNE COPELAND, #184 666 Plaintiff, v. ALABAMA DEPARTMENT OF CORRECTIONS, et al., * * * 2:11-CV-74-TMH (WO) * * Defendants. _____________________________ ORDER On March 14, 2011, the Magistrate Judge issued a Recommendation (Doc. 15) to which no timely objections were made. Upon an independent review of the record and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE that: 1. The Recommendation (Doc. 15) is ADOPTED; 2. Plaintiff's claims against the Alabama Department of Corrections are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i); 3. The Alabama Department of Corrections is DISMISSED as a party to this complaint; and Page 1 of 2 4. This case with respect to the remaining defendants is referred back to the undersigned for additional proceedings. DONE this 21st day of April, 2011. /s/ Truman M. Hobbs _________________________________ SENIOR UNITED STATES DISTRICT JUDGE Page 2 of 2

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