Foster v. Daniels et al (INMATE 1)

Filing 7

ORDERED as follows: 1) Plf's 5 Objection be and the same is hereby OVERRULED; 2) The 4 Recommendation of the Magistrate Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3) This case be and the same is hereby DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 USC § 1915(e)(2)(B)(ii). Signed by Chief Judge William Keith Watkins on 8/5/2011. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WILLIE E. FOSTER, JR.,
AIS #238227
Plaintiff,
v.
LEEPOSEY DANIELS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 2:11-CV-417-ID
(WO)

ORDER
Before the court are the Recommendation of the Magistrate Judge, (Doc. #4), and
Plaintiff’s Objection, (Doc. #5). Having conducted a de novo determination of those
portions of the Recommendation to which objections are made, it is CONSIDERED and
ORDERED as follows:
1.

Plaintiff’s Objection (Doc. #5) be and the same is hereby OVERRULED;

2.

The Recommendation of the Magistrate Judge (Doc. #4) be and the same is
hereby ADOPTED, APPROVED and AFFIRMED;

3.

This case be and the same is hereby DISMISSED without prejudice prior to
service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(ii).

1

DONE this the 5th day of August, 2011.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2