Montgomery v. Alabama Department of Corrections et al (INMATE1)
Filing
11
ORDER AND OPINION: it is ORDERED and ADJUDGED that the 10 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case is DISMISSED without prejudice prior to service of process in accordance with the provisions of 28 USC § 1915(e)(2)(B)(ii). Signed by Honorable Judge Truman M. Hobbs on 11/17/2011. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MARSHALL MONTGOMERY, #184044, )
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Plaintiff,
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v.
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ALA. DEPT. OF CORRECTIONS, et al., )
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Defendants.
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CIVIL ACTION NO. 2:11cv757-TMH
ORDER AND OPINION
On October 26, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 10). Upon an independent review of
the file in this case and upon consideration of the Recommendation of the Magistrate Judge,
it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that this case is DISMISSED without prejudice prior to service
of process in accordance with the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(ii).
Done this the 17 th day of November, 2011.
/s/ Truman M. Hobbs
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SENIOR UNITED STATES DISTRICT JUDGE
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