Yeager v. Gardner(INMATE 2)

Filing 19

ORDER: It is ORDERED that 1. The 3 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's § 1983 respondeat superior, conflict of interest, grievance, verbal abuse, cruel and unusual punishment, and equal protection claims are DISMISSED with prejudice and prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (ii); 3. Plaintiffs complaint against Defendants Marshall, Palmer, Matthews, Ford,Williams, Scarver, Davis, and Chr istbourg is DISMISSED with prejudice prior to service of process; 4. Defendants Marshall, Palmer, Matthews, Ford, Williams, Scarver, Davis, and Christbourg are DISMISSED as parties to the complaint; and 5. Plaintiffs retaliation claim against Defendant Gardner is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 4/4/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ROBERT T. YEAGER,
Plaintiff,
v.
SHERIFF D.T. MARSHALL, et al.,
Defendants.

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CIVIL ACTION NO. 2:12-CV-122-TMH

ORDER
The Magistrate Judge entered a Recommendation (Doc. #3) 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. #3) of the Magistrate Judge is ADOPTED;

2.

Plaintiff’s § 1983 respondeat superior, conflict of interest, grievance, verbal
abuse, cruel and unusual punishment, and equal protection claims are
DISMISSED with prejudice and prior to service of process in accordance with
the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (ii);

3.

Plaintiff’s complaint against Defendants Marshall, Palmer, Matthews, Ford,
Williams, Scarver, Davis, and Christbourg is DISMISSED with prejudice prior
to service of process;

4.

Defendants Marshall, Palmer, Matthews, Ford, Williams, Scarver, Davis, and
Christbourg are DISMISSED as parties to the complaint; and

5.

Plaintiff’s retaliation claim against Defendant Gardner is referred back to the
Magistrate Judge for further proceedings.

Done this 4th day of April, 2012.
/s/ Truman M. Hobbs
_______________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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