Allah v. Sims et al (INMATE 2)

Filing 9

ORDER overruling plaintiff's 5 objections; ADOPTING 4 REPORT AND RECOMMENDATION of the Mag Judge, as modified 7 , ORDERING as follows: (1) the 1983 claims presented against the defendants in the original complaint are DISMISSED with prejudi ce prior to service of process pursuant to 28 USC 1915(3)(2)(B)(i-ii); (2) this case is referred back to the Mag Judge for further proceedings on the 5 amended complaint, as more fully set forth in the 8 order entered 4/17/2012. Signed by Honorable Judge W. Harold Albritton, III on 4/24/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JUSTICE I. ALLAH,
Plaintiff,
v.
MAC SIM BUTLER DETENTION
FACILITY, et al.,
Defendants.

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) CIVIL ACTION NO.: 2:12-CV-255-WHA
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ORDER
Upon a de novo review and independent evaluation of this case, including the
Recommendation of the Magistrate Judge (Doc. #4), as partially modified by order of the
Magistrate Judge (Doc. #7), the Objection to the claims in the original complaint being
dismissed (Doc. #5), filed by the Plaintiff on April 4, 2012, and the entire file, the court finds
the Objection to be without merit, and it is hereby overruled. The court adopts the
Recommendation of the Magistrate Judge, as modified, and it is hereby ORDERED as
follows:
1. The § 1983 claims presented against the Defendants in the original complaint are
DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. §
1915(e)(2)(B)(i-ii).

2. This case is referred back to the Magistrate Judge for further proceedings on the
amended complaint (Doc. #5), as more fully set forth in the order entered April 17, 2012.
(Doc. #8).
DONE this day 24th of April, 2012.

/s / W.Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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