Mims v. Daniels, et al (INMATE 2)

Filing 22

ORDER and OPINION that it is ORDERED and ADJUDGED that the 16 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED and that: (1) plaintiff's complaint against defendants Bentley and the State of Alabama are DISMISSED with preju dice and prior to service of process pursuant to the provisions of 28U.S.C. 1915(e)(2)(B), ii, and/or iii); (2) defendants Bentley and the State of Alabama are DISMISSED as parties to the complaint; and (3) this case with respect to the remaining defendant is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 12/28/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
HASALEE MIMS, #126911,

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Plaintiff,
v.
LEEPOSEY DANIEL, et al.,
Defendants.

CIVIL ACTION NO. 2:12cv866-TMH

ORDER AND OPINION
On January 7, 2013, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 16). 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 and that:
1.

Plaintiff’s complaint against Defendants Bentley and the State of Alabama are

DISMISSED with prejudice and prior to service of process pursuant to the provisions of 28
U.S.C. § 1915(e)(2)(B)(, ii, and/or iii);
2.

Defendants Bentley and the State of Alabama are DISMISSED as parties to the

complaint; and
3.

This case with respect to the remaining defendant is REFERRED back to the

Magistrate Judge for further proceedings.
Done this 28th day of February, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE