Powell v. Anglin et al(INMATE 2)
ORDERED that the 11 Order and 12 Final Judgment entered on 5/11/2011 are VACATED and SET ASIDE; that the court finds the 13 Objection to be without merit, and it is hereby OVERRULED; that the 7 Recommendation of the Magistrate Judge is adopted, and it is hereby ORDERED that this case is DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 USC § 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge W. Harold Albritton, III on 5/26/2011. (wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
KENNETH CORNELIUS POWELL,
LARRY ANGLIN, et al.,
CIVIL ACTION NO. 2:11cv114-WHA
On May 11, 2011, this court entered an order adopting the Recommendation of the
Magistrate Judge, noting that no objection had been filed by the deadline of May 3, 2011 (Doc.
#11). Final Judgment was also entered (Doc. #12).
On May 12, 2011, an Objection to the Report and Recommendation was received by the
court (Doc. #13). It was accompanied by a verification of mailing stating that the objection had
been properly placed in the institutional mailbox on May 3, 2011. Therefore, the court will treat
the objection as having been timely filed, and it is hereby
ORDERED that the Order and Final Judgment entered on May 11, 2011 are VACATED
and SET ASIDE.
Upon full consideration of the Plaintiff’s objection, and following an independent and de
novo review of the entire file, the court finds the objection to be without merit, and it is hereby
OVERRULED. The court adopts the Recommendation of the Magistrate Judge, and it is hereby
ORDERED that this case is DISMISSED without prejudice prior to service of process
pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
Final Judgment will be entered accordingly.
DONE this 26th day May, 2011.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE
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