Bone v. Thomas, et al (INMATE 1)

Filing 14

ORDER AND OPINION directing that, 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 AD OPTED and that: (1) The plaintiff's claim regarding the calculation of his release date is dismissed without prejudice prior to service of process in accordance with the provisions of 28 U.S.C.§ 1915(e)(2)(B)(ii); (2) The plaintiff's a llegation with respect to general overcrowding of the prison system is dismissed with prejudice prior to service of process pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Judge Truman M. Hobbs on 8/31/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GREGORY R. BONE, #149138,
Plaintiff,
v.
KIM THOMAS, et al.,
Defendants.

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CIVIL ACTION NO. 2:12cv419-TMH

ORDER AND OPINION
On July 30, 2012, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 12). 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 and that:
1.

The plaintiff’s claim regarding the calculation of his release date is dismissed

without prejudice prior to service of process in accordance with the provisions of 28 U.S.C.
§ 1915(e)(2)(B)(ii).
2.

The plaintiff’s allegation with respect to general overcrowding of the prison

system is dismissed with prejudice prior to service of process pursuant to the directives of
28 U.S.C. § 1915(e)(2)(B)(ii).

Done this the 31st day of August, 2012.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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