Johnson v. Williams (INMATE 1)
Filing
12
OPINION and ORDER that the 5 Recommendation of the Magistrate Judge be and is hereby ADOPTED, the Plaintiffs challenge to a lack of transfer to the custody of the Alabama Department of Corrections and his request for immediate release from Lownde s County Jail be DISMISSED with prejudice prior to service of process pursuant the provisions of 28 U.S.C. § 1915(e)(2)(B)(I). The Plaintiff's claims against John Williams challenging the conditions of confinement in existence at the Lowndes County Jail be referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/28/2012. (jg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
FRED LEE JOHNSON, #172364,
Plaintiff,
v.
JOHN WILLIAMS,
Defendant.
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) CASE NO. 2:12-cv-873-TMH
) [wo]
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OPINION and ORDER
On October 15, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. 5). 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 challenge to a lack of transfer to the custody
of the Alabama Department of Corrections and his request for immediate release from
Lowndes County Jail be DISMISSED with prejudice prior to service of process pursuant
the provisions of 28 U.S.C. § 1915(e)(2)(B)(I). The Plaintiff’s claims against John
Williams challenging the conditions of confinement in existence at the Lowndes County
Jail be referred back to the Magistrate Judge for additional proceedings.
Done this the 28th day of November 2012.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE
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