Mayo v. Bentley et al (INMATE 2)

Filing 32

ORDER ADOPTING the 15 Recommendation of the Magistrate Judge. ORDERED and ADJUDGED that: 1. Plaintiffs amended complaint against Defendants Mosley, Boyd, Sconyers, Babers, Bentley, and Thomas is DISMISSED without prejudice prior to service of proce ss pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); 2. Defendants Mosley, Boyd, Sconyers, Babers, Bentley, and Thomas are DISMISSED as parties to the complaint, as amended; and 3. This case with respect to the remaining defendants is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Mark E. Fuller on 8/17/2011. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DAVID LEE MAYO, #241618,

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Plaintiff,
v.
ROBERT BENTLEY, et al.,
Defendants.

CIVIL ACTION NO. 2:11cv392-MEF

ORDER
On July 7, 2011, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 15). 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:
1. Plaintiff’s amended complaint against Defendants Mosley, Boyd, Sconyers,
Babers, Bentley, and Thomas is DISMISSED without prejudice prior to service of process
pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii);
2.

Defendants Mosley, Boyd, Sconyers, Babers, Bentley, and Thomas are

DISMISSED as parties to the complaint, as amended; and
3. This case with respect to the remaining defendants is REFERRED back to the
Magistrate Judge for further proceedings.
th

DONE this the 17 day of August, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE