Ray v. Billups et al (INMATE 1)

Filing 10

ORDER adopting 5 Report and Recommendations; that Plaintiff's claims against Draper Correctional Facility are DISMISSED prior to service of process pursuant to the provision of 28 U.S.C. § 1915(e)(2)(B)(i); that Draper Correctional Facili ty is DISMISSED as a Defendant in this action; that this case, with respect to the Plaintiff's claims against Phyllis Billups and Willie Thomas, is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 10/26/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KENNETH ALLEN RAY, #26517, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. DRAPER CORRECTIONAL FACILITY, et al., Defendants. CIVIL ACTION NO. 2:11cv786-WHA ORDER No objection having been filed to the Recommendation of the Magistrate Judge (Doc. #5), entered on September 30, 2011, the Recommendation is adopted, and it is hereby ORDERED as follows: 1. Plaintiff’s claims against Draper Correctional Facility are DISMISSED prior to service of process pursuant to the provision of 28 U.S.C. § 1915(e)(2)(B)(i). 2. Draper Correctional Facility is DISMISSED as a Defendant in this action. 3. This case, with respect to the Plaintiff’s claims against Phyllis Billups and Willie Thomas, is referred back to the Magistrate Judge for further proceedings. DONE this 26th day of October, 2011. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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