Gillis v. Giles et al (INMATE 2)

Filing 19

ORDER (1) ADOPTING 14 REPORT AND RECOMMENDATION of the Mag Judge; (2) plaintiff's complaint against defendant Nelson is DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(ii), and the Clerk of the Court is DIR ECTED to terminate Defendant Nelson; (3) Plaintiffs conspiracy claims against each named Defendant is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); and (4) With respect to the remaining Defendants and remaining claims, this case is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 11/28/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ALPHONSO GILLIS, # 275 689,
Plaintiff,
v.
J.C. GILES, JOSEPH WRIGHT,
DOROTHY SCOTT, CAROLYN
LONGMIRE, and LINDA NELSON,
Defendants.

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CASE NO. 2:12-CV-676-WKW
[WO]

ORDER
On October 31, 2012, the Magistrate Judge filed a Report and Recommendation
(Doc. # 14) regarding Plaintiff’s claims against Defendant Linda Nelson and his
conspiracy claim against all named Defendants. No timely objections have been filed.
Based upon an independent review of the file in this case and upon
CONSIDERATION of the Recommendation of the Magistrate Judge, it is ORDERED
as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 14) is ADOPTED;

2.

Plaintiff’s complaint against Defendant Nelson is DISMISSED with

prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(ii), and the
Clerk of the Court is DIRECTED to terminate Defendant Nelson;

3.

Plaintiff’s conspiracy claims against each named Defendant is

DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and
4.

With respect to the remaining Defendants and remaining claims, this case

is REFERRED back to the Magistrate Judge for further proceedings.
DONE this 28th day of November, 2012.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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