Stone v. Kilby Correctional Facility et al (INMATE 2)

Filing 32

ORDER that: 1. The 24 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's claims against the Kilby Correctional Facility and "Captain Kilby Correctional Facility" be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 3. The Kilby Correctional Facility and "Captain Kilby Correctional Facility" are DISMISSED as parties to this complaint; 4. This case with respect to the remaining Defendants is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 10/31/2011. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RANDALL DWIGHT STONE,
Plaintiff,
v.
KILBY CORRECTIONAL FACILITY,
et al.,
Defendants.

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CASE NO. 2:11-cv-523-MEF

ORDER
On September 26, 2011, the Magistrate Judge filed a Recommendation (Doc. # 24)
in this case to which no timely objections have been filed. Upon an independent review of
the file in this case and upon consideration of the Recommendation of the Magistrate Judge,
it is the
ORDER, JUDGMENT and DECREE of the court that:
1.

The Recommendation of the Magistrate Judge is ADOPTED;

2.

Plaintiff's claims against the Kilby Correctional Facility and "Captain Kilby
Correctional Facility" be DISMISSED with prejudice prior to service of
process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i);

3.

The Kilby Correctional Facility and "Captain Kilby Correctional Facility" are
DISMISSED as parties to this complaint;

4.

This case with respect to the remaining Defendants is referred back to the
Magistrate Judge for additional proceedings.

DONE this 31st day of October, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE