Barfield v. State of Alabama et al (INMATE1)

Filing 8

OPINION and ORDER: it is ORDERED and ADJUDGED that the 5 Recommendation of the Magistrate Judge be and is hereby ADOPTED, that Plf's complaint against the State of Alabama is DISMISSED pursuant to 28 USC § 1915(e)(2)(B)(i) and (iii), the State of Alabama is DISMISSED as a dft in this cause of action, the Plf's regarding alleged violations of other inmate's constitutional rights are DISMISSED with prejudice under 28 USC § 1915(e)(2)(B)(ii), and that this case be referred back to the undersigned for additional proceedings with respect to the remaining claims for relief against Gary Hetzel. Signed by Honorable Judge Truman M. Hobbs on 3/5/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KEVIN BARFIELD, 185340,
Plaintiff,
v.
STATE OF ALABAMA, et al.,
Defendants.

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CASE NO. 2:11-cv-1114-TMH
[wo]

OPINION and ORDER
On January 18, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. No. 5). 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, that Plaintiff’s complaint against the State of Alabama is
DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (iii), the State of Alabama is
DISMISSED as a defendant in this cause of action, the Plaintiff’s regarding alleged
violations of other inmate’s constitutional rights are DISMISSED with prejudice under 28
U.S.C. § 1915(e)(2)(B)(ii), and that this case be referred back to the undersigned for
additional proceedings with respect to the remaining claims for relief against Gary Hetzel.

DONE this 5th day of March, 2012.
/s/ Truman M. Hobbs
_____________________________________
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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