Richburg v. Alabama Dept. of Corrections, et al (INMATE 2)

Filing 20

OPINION and ORDER that the 12 Recommendation of the Magistrate Judge be and is hereby ADOPTED, the Plaintiffs claims against the Elmore Correctional Facility and the Alabama Department of Corrections be DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915 (e)(2)(B)(I) and be DISMISSED as parties to this cause of action; and that this case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 1/30/2013. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOSHUA RICHBURG, #214 354
Plaintiff,
v.
ALABAMA DEPT. OF
CORRECTIONS, et al.,
Defendants.

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CASE NO. 2:12-cv-803-TMH
[wo]

OPINION and ORDER
On November 21, 2012, the Magistrate Judge filed a Recommendation in this case
to which no timely objections have been filed. (Doc. No. 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, the Plaintiff’s claims against the Elmore Correctional
Facility and the Alabama Department of Corrections be DISMISSED with prejudice prior
to service of process under 28 U.S.C. § 1915 (e)(2)(B)(I) and be DISMISSED as parties
to this cause of action; and that this case is referred back to the Magistrate Judge for
additional proceedings.
Done this the 30th day of January, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE