Johnson v. Boyd et al (INMATE2)

Filing 12

ORDER directing that, no objection having been filed to the 10 Recommendation of the Magistrate Judge, the Recommendation is adopted, and it is hereby ORDERED as follows: (1.) Plaintiff's due process and equal protection claims are DISMISSED w ith prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i-ii); (2.) Plaintiff's Complaint against Defendants Boyd, Sconyers, Babers, Nieves, Sgt. F. Blakely, and Sgt. Drake are DISMISSED; (3.) Defendants Boyd, Sconyers, Ba bers, Nieves, Sgt. F. Blakely, and Sgt. Drake areDISMISSED as parties to the Complaint; (4.) Plaintiff's First Amendment claim against Defendant S. Blakely is REFERRED BACK to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 8/5/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

DEMARQUEIS JOHNSON, #178713,
Plaintiff,
vs.
LOUIS D. BOYD, et al.,
Defendants.

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CIVIL ACTION NO. 2:11cv360-WHA
(WO)

ORDER
No objection having been filed to the Recommendation of the Magistrate Judge (Doc.
#10), entered on July 11, 2011, the Recommendation is adopted, and it is hereby ORDERED as
follows:
1. Plaintiff’s due process and equal protection claims are DISMISSED with prejudice
prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i-ii).
2. Plaintiff’s Complaint against Defendants Boyd, Sconyers, Babers, Nieves, Sgt. F.
Blakely, and Sgt. Drake are DISMISSED.
3. Defendants Boyd, Sconyers, Babers, Nieves, Sgt. F. Blakely, and Sgt. Drake are
DISMISSED as parties to the Complaint.
4. Plaintiff’s First Amendment claim against Defendant S. Blakely is REFERRED
BACK to the Magistrate Judge for further proceedings.

DONE this 5th day of August, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE