Miller v. Covington County Jail et al (INMATE2)

Filing 12

ORDER AND OPINION adopting the 5 Recommendation; dismissing the Plaintiff's claims against the Covington County Jail with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); dismissing this party as a defendant; referring the case with respect to the remaining defendants back to the Magistrate. Signed by Honorable Ira De Ment on 4/14/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CARL EDWARD MILLER,
Plaintiff,
v.
COVINGTON CO. JAIL, et al.,
Defendants.

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CIVIL ACTION NO. 2:11cv209-ID

ORDER AND OPINION
On March 24, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. No. 5). 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 that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that plaintiff’s claims against the Covington County Jail are
DISMISSED with prejudice prior to service of process pursuant to the provisions of 28
U.S.C. § 1915(e)(2)(B)(I), and that this party is DISMISSED as a defendant to the complaint.
It is further
ORDERED that this case with respect to the remaining defendants is referred back
to the Magistrate Judge for additional proceedings.

Done this the 14 th day of April, 2011.

/s/ Ira DeMent
SENIOR UNITED STATES DISTRICT JUDGE

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