Ricks v. Wynne et al (INMATE 2)

Filing 7

ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The plaintiff's 6 objection is overruled; (2) The 5 Recommendation of the Magistrate Judge is adopted; (3) The plaintiff's complaint for declaratory judgment is DENIED pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and (4) This action is DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 11/29/12. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DEMONSIA LAPEZ RICKS, #172290,
Plaintiff,
v.
WILLIAM W. WYNNE, JR., et al.,
Defendants.

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CASE NO. 2:12-cv-0660-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and
DECREE of the court that:
1. The plaintiff's objection (Doc. #6) filed on October 22, 2012 to the
Recommendation of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #5) filed on October 11,
2012 is adopted;
3. The plaintiff's complaint for declaratory judgment pursuant to 28 U.S.C. §
2201, and Art. 1 § 10, U.S. Const., is DENIED pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(ii); and
4. This action is DISMISSED prior to service of process.
Done this the 29th day of November 2012

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