Miles v. Williams, et al (INMATE 2)
Filing
12
ORDER directing that, after a review of the 8 Recommendation, and after an independent review of the entire record, the court finds that the 8 Recommendation should be adopted. Accordingly, it is ORDERED that: (1) The 8 Recommendation of the M agistrate Judge is ADOPTED; (2) Plaintiff's "glass in the breakfast tray" retaliation claim against the named defendants is DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. §1915(e)(2)(B)(i); (3 ) Plaintiff's complaint against Defendant Naytron Williams and Eric Williams is DISMISSED prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i); (4) Defendants Naytron Williams and Eric Williams are DISMISSED as parties to the comp laint; and (5) Plaintiff's claim of a retaliatory transfer asserted against Defendants Oree and Whitley is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 1/23/13. (Attachments: # 1 Civil Appeals Checklist)(scn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ALJAWON DAWYANE MILES,
#12824-002,
Plaintiff,
v.
NAYTRON WILLIAMS, et al.,
Defendants.
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) CIVIL ACTION NO.: 2:12-CV-910-TMH
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ORDER
The Magistrate Judge entered a Recommendation (Doc. 8) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the court finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that:
1. The Recommendation (Doc. 8) of the Magistrate Judge is ADOPTED;
2. Plaintiff’s “glass in the breakfast tray” retaliation claim against the named
defendants is DISMISSED prior to service of process in accordance with the provisions of
28 U.S.C. §1915(e)(2)(B)(i);
3. Plaintiff’s complaint against Defendant Naytron Williams and Eric Williams is
DISMISSED prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i);
4. Defendants Naytron Williams and Eric Williams are DISMISSED as parties to the
complaint; and
5. Plaintiff’s claim of a retaliatory transfer asserted against Defendants Oree and
Whitley is referred back to the Magistrate Judge for further proceedings.
Done this 23rd day of January, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE
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