Fleeton v. Allen, et al (INMATE2)

Filing 11

ORDER that 9 Report and Recommendations is ADOPTED; that Plaintiff's equal protection, due process, access to courts, and respondeat superior claims are DISMISSED with prejudice prior to service of process pursuant to the directives of 28 U.S. C. § 1915(e)(2)(B)(i) & (ii); that Plaintiff's complaint against Defendants Allen, Jackson, and Brown is DISMISSED with prejudice prior to service of process pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i); that Defendants A llen, Jackson, and Brown are DISMISSED as parties to the complaint; that this case, with respect to the remaining defendants, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Ira De Ment on 6/9/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, ) Copy mailed to General Counsel ADOC.

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LEO FLEETON, #158 408,
Plaintiff,
v.

RICHARD ALLEN, et al.,
Defendants.

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CASE NO. 2:11-cv-226-ID

ORDER
The Magistrate Judge entered a Recommendation (Doc. No. 9) in this case to which
no timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the Court believes that the Recommendation should
be adopted. Accordingly, it is
ORDERED as follows:
a.

the Recommendation of the Magistrate Judge is ADOPTED;

b.

Plaintiff’s equal protection, due process, access to courts, and respondeat
superior claims are DISMISSED with prejudice prior to service of process
pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i) & (ii);

c.

Plaintiff’s complaint against Defendants Allen, Jackson, and Brown is
DISMISSED with prejudice prior to service of process pursuant to the
directives of 28 U.S.C. § 1915(e)(2)(B)(i);

d.

Defendants Allen, Jackson, and Brown are DISMISSED as parties to the
complaint; and

e.

this case, with respect to the remaining defendants, is REFERRED back to the
Magistrate Judge for further proceedings.

Done this 9th day of June, 2011.

/s/ Ira DeMent
SENIOR UNITED STATES DISTRICT JUDGE

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