Howard v. McWhorter et al(INMATE 1)

Filing 25

ORDER that: 1. The 5 Recommendation of the Magistrate Judge is ADOPTED; 2. The plaintiff's claims against the Covington County Jail are dismissed withprejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); 3. The plai ntiffs claims against the unidentified county commissioner are dismissed with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); 4. The Covington County Jail and county commissioner are dismissed as defendants in this cause of action; and 5. The plaintiffs claims against the remaining defendants are referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 9/18/2012. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DARON D. HOWARD, #159809,

)
)
Plaintiff,
)
)
v.
)
)
DR. McWATER (a.k.a., DR. McWHORTER), )
et al.,
)
)
Defendants.
)

CASE NO. 2:12-CV-692-TMH

ORDER
The Magistrate Judge entered a Recommendation (Doc. 5) 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. 5) of the Magistrate Judge is ADOPTED;
2. The plaintiff’s claims against the Covington County Jail are dismissed with
prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i);
3. The plaintiff’s claims against the unidentified county commissioner are dismissed
with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii);
4. The Covington County Jail and county commissioner are dismissed as defendants
in this cause of action; and

5. The plaintiff’s claims against the remaining defendants are referred back to the
Magistrate Judge for appropriate proceedings.
Done this 18th day of September, 2012.

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

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