Del Toro v. Meeks et al (INMATE 1)

Filing 12

ORDER adopting the 9 Recommendation; dismissing the Plaintiff's claims against Roger Powell with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); dismissing without prejudice the Pla intiff's challenges to the criminal charge(s) pending against him before the Circuit Court of Covington County, Alabama and an order entered in the state criminal case pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii) as such clai ms are not properly before the court at this time; referring the case, with respect to the claims challenging the conditions of confinement at the Covington County Jail lodged against Defendants Meeks and Hughes, back to the magistrate for further appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 9/28/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RAUL MARIANO DEL TORO,
Plaintiff,
v.

DENNIS MEEKS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 2:11-CV-648-TMH
[WO]

ORDER
The Magistrate Judge entered a Recommendation (Doc. #9) in this case to which
no timely objections have been filed. After a review of the Recommendation, and after
an independent review of the entire record, the Court believes that the Recommendation
should be adopted. Accordingly, it is
ORDERED that
1. The Recommendation (Doc. #9) of the Magistrate Judge is ADOPTED;
2. Plaintiff’s claims against Roger Powell are DISMISSED with prejudice prior to
service of process in accordance with the provisions of 28 U.S.C. §
1915(e)(2)(B)(i);
3. Plaintiff’s challenges to the criminal charge(s) pending against him before the
Circuit Court of Covington County, Alabama and an order entered in the state
criminal case are dismissed without prejudice pursuant to the directives of 28
U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this

time; and
3. This case, with respect to Plaintiff’s claims challenging the conditions of
confinement at the Covington County Jail lodged against Defendants Meeks and
Hughes, be referred back to the Magistrate Judge for further appropriate
proceedings.
Done this 28th day of September, 2011.
/s/ Truman M. Hobbs
_______________________________
UNITED STATES DISTRICT JUDGE

-2-