McGraw v. Preer et al (INMATE 2)

Filing 16

ORDER adopting 10 Report and Recommendations; that Plaintiff's complaint against Defendant Clay is DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i); that Plaintiff's complaint against Defendant Nun is DISMISSED without prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(ii); that this case, with respect to the remaining defendant, is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 3/8/2012. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SHAWN DEWAYNE MCGRAW,
#169 528,
Plaintiff,
v.
CHRISTOPHER PREER, et al.,
Defendants.

)
)
)
)
) CIVIL ACTION NO. 2:11-CV-1086-TMH
)
[WO]
)
)
)

ORDER
The Magistrate Judge entered a Recommendation (Doc. #10) 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 finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that:
1.

The RECOMMENDATION (Doc. #10) of the Magistrate Judge is
ADOPTED;

2.

Plaintiff’s complaint against Defendant Clay is DISMISSED with prejudice
prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i);

3.

Plaintiff’s complaint against Defendant Nun is DISMISSED without prejudice
prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(ii); and

4.

This case, with respect to the remaining defendant, is referred back to the
Magistrate Judge for further proceedings.

Done this 8 th day of March, 2012.

/s/ Truman M. Hobbs
_______________________________
SENIOR UNITED STATES DISTRICT JUDGE

2