Smith v. State of Alabama et al ( INMATE 1)

Filing 6

ORDER directing that, upon an independent review of the record and upon consideration of the 3 Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE that: (1) The 3 Recommendation is ADOPTED; (2) The 1 motion for prelimin ary injunction filed by the plaintiff is DENIED; (3) This case with respect to the claims against the remaining defendant be referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge W. Harold Albritton, III on 10/17/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TICCARRIO SMITH, #246613, Plaintiff, STATE OF ALABAMA, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:11-CV-731-WHA ORDER On September 15, 2011, the Magistrate Judge issued a Recommendation (Doc. 3) to which no timely objections were made. Upon an independent review of the record and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE that: 1. The Recommendation (Doc. 3) is ADOPTED. 2. The motion for preliminary injunction filed by the plaintiff is DENIED. 3. This case with respect to the claims against the remaining defendant be referred back to the Magistrate Judge for appropriate proceedings DONE this 17th day of October, 2011. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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