Kinsey et al v. Watkins et al (MAG+) (LEAD)

Filing 12

ORDER, JUDGMENT and DECREE that: (1) the 11 AMENDED REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) assuming arguendo that the 2 motion for leave to proceed in forma pauperis is due to be granted, the complaints in 2:11cv165 & 2:11cv31 4 are DISMISSED with prejudice prior to service on defendants pursuant to 28 U.S.C. 1915(e)(2)(B); (3) the 7 motion for a jury and 9 motion for a trial are DENIED; (4) any remaining motions are DENIED as moot. Signed by Hon. Chief Judge Mark E. Fuller on 5/13/11. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
C.H. KINSEY, et al.,

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Plaintiffs,
v.
WILLIAM KEITH WATKINS, et al.,
Defendants.

CASE NO. 2:11-cv-165-MEF
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C.H. KINSEY, et al.,
Plaintiffs,
v.
WILLIAM KEITH WATKINS, et al.,
Defendants.

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CASE NO. 2:11-cv-314-MEF
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ORDER
On April 26, 2011, the Magistrate Judge issued an Amended Recommendation (Doc.
# 11) 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 Amended Report and Recommendation of the Magistrate Judge is
ADOPTED.

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(2)

Assuming arguendo that the Motion for Leave to Proceed in forma pauperis
(Doc. # 2) is due to be granted, the complaints in 2:11-cv-165 and 2:11-cv-314
are DISMISSED with prejudice prior to service on Defendants pursuant to 28
U.S.C. § 1915(e)(2)(B).

(3)

The Motion for a Jury (Doc. # 7) and Motion for a Trial (Doc.# 9) are
DENIED.

(4)

Any remaining motions are DENIED as moot.
th

DONE this 13 day of May, 2011.
/s/ Mark E. Fuller
CHIEF UNITED STATES DISTRICT JUDGE

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