Griggs v. Thomas et al (INMATE 2)

Filing 12

ORDER that: 1. The plaintiff's objection 11 filed on November 5, 2012 to the Recommendation of the Magistrate Judge is overruled; 2. The Recommendation of the Magistrate Judge 8 filed on October 4, 2012 is adopted; 3. Plaintiff's com plaint against Defendants Thomas, Bentley, and Strange is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and 4. Plaintiff's complaint against Defendant Patterson, which challenges the alleged unc onstitutional conditions of confinement at the Holman Correctional Facility, is TRANSFERRED to the United States District Court for the Southern District of Alabama pursuant to the provisions of 28 U.S.C. § 1404(a) and 28 U.S.C. § 1631. Signed by Honorable Judge Truman M. Hobbs on 11/29/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ARTHUR GRIGGS, #129969,
Plaintiff,
v.
KIM TOBIAS THOMAS, et al.,
Defendants.

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CASE NO. 2:12-cv-0843-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. #11) filed on November 5, 2012 to the Recommendation
of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #8) filed on October 4, 2012 is
adopted;
3. Plaintiff’s complaint against Defendants Thomas, Bentley, and Strange is
DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and
4. Plaintiff’s complaint against Defendant Patterson, which challenges the alleged
unconstitutional conditions of confinement at the Holman Correctional Facility, is
TRANSFERRED to the United States District Court for the Southern District of Alabama
pursuant to the provisions of 28 U.S.C. § 1404(a) and 28 U.S.C. § 1631.
DONE this the 29th day of November, 2012.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE