Kenner v. Hetzel et al (INMATE 2)

Filing 22

ORDER, JUDGMENT and DECREE of the court that: 1) The 16 Recommendation of the Magistrate Judge is ADOPTED; 2) Plf's complaint against Dft Michael Johnson is DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 USC §1915(e)(2)(B)(i); 3) Dft Michael Johnson is DISMISSED as a party to the Complaint; 4) This case with respect to the remaining dfts is referred back to the US Magistrate Judge for further proceedings. Signed by Honorable Judge Mark E. Fuller on 3/1/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BRADLEY KENNER, #231202,
Plaintiff,
v.
GARY HETZEL, et al.,
Defendants.

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CASE NO. 2:12-cv-938-MEF

ORDER
On January 30, 2013, the Magistrate Judge filed a Recommendation (Doc. #16) in this
case to which no timely objections have been filed. Upon an independent review of the file
in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. Plaintiff’s complaint against Defendant Michael Johnson is DISMISSED with
prejudice prior to service of process in accordance with the provisions of 28 U.S.C.
§1915(e)(2)(B)(i).
3. Defendant Michael Johnson is DISMISSED as a party to the Complaint.
4. This case with respect to the remaining defendants is referred back to the United
States Magistrate Judge for further proceedings.
DONE this the 1st day of March, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE