McClenton v. Thomas et al (INMATE1)

Filing 29

ORDER, JUDGMENT and DECREE of the court that: (1) the 27 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) the plf's 24 motion to certify this case as a class action is DENIED; and (3) the case is referred back to the Mag Judge for further proceedings. Signed by Honorable Judge Mark E. Fuller on 10/31/11. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOE S. McCLENTON,
Plaintiff,
v.
KIM TOBIAS THOMAS, et al.,
Defendants.

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CASE NO. 2:11-cv-542-MEF

ORDER
On September 23, 2011, the Magistrate Judge filed a Recommendation (Doc. # 27)
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.

The plaintiff's motion to certify this case as a class action (Doc. # 24) is
DENIED; and

3.

The case is REFERRED back to the Magistrate Judge for further proceedings.

DONE this 31st day of October, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE