Capers v. Hetzel et al (INMATE 2)

Filing 7

ORDERED that the 5 Objection is OVERRULED, the 4 Recommendation of the Magistrate Judge is ADOPTED, and this case is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 USC § 1915(e)(2)(B)(i). Signed by Honorable Judge W. Harold Albritton, III on 12/19/2012. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JAMES HENRY CAPERS, II, #215 931,
Plaintiff,
vs.
WARDEN G. HETZEL, et al.,
Defendants.

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CIVIL ACTION NO. 2:12cv708-WHA
(WO)

ORDER
This case is before the court on the Plaintiff’s Objections and Alternative Motions,
Dismissal (Doc. #5). By this motion, the Plaintiff objects to the Recommendation of the
Magistrate Judge (Doc. #4). The Magistrate Judge recommended that this case be dismissed
with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i).
By his objection, the Plaintiff requests that the action either be dismissed without
prejudice or that he be allowed to amend the Complaint. The Magistrate Judge denied the
Motion to Amend on October 1, 2012 (Doc. #6), and no timely objection was filed to that order.
After an independent and de novo review of the file in this case, the court agrees with the
finding of the Magistrate Judge that the matters complained of do not rise to the level of
constitutional violations, and that the claims are frivolous. Therefore, it is hereby
ORDERED that the objection is OVERRULED, the Recommendation of the Magistrate
Judge is ADOPTED, and this case is DISMISSED with prejudice prior to service of process
pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i).

DONE this 19th day of December, 2012.

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