Oliver v. Napier et al (INMATE 2)

Filing 23

ORDER adopting the 14 RECOMMENDATION of the Magistrate Judge; it is ORDERED as follows: (1) Plf's claims against the Segregation Board of Kilby Correctional Facility are DISMISSED with prejudice prior to service of process pursuant to 28 USC & #167; 1915(e)(2)(B); (2) The Segregation Board of Kilby Correctional Facility is DISMISSED as a party to the complaint; and (3) This action with respect to the remaining Dfts is REFERRED back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 4/19/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DAVID O. OLIVER, #285 230,
Plaintiff,
v.
VICTOR NAPIER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CASE NO. 2:13-CV-14-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge to which no
timely objections have been filed. (Doc. # 14.) Based upon an independent review
of the record, the court finds that the Recommendation is due to be adopted.
Accordingly, it is ORDERED as follows:
(1)

Plaintiff’s claims against the Segregation Board of Kilby Correctional

Facility are DISMISSED with prejudice prior to service of process pursuant to 28
U.S.C. § 1915(e)(2)(B);
(2)

The Segregation Board of Kilby Correctional Facility is DISMISSED as

a party to the complaint; and
(3)

This action with respect to the remaining Defendants is REFERRED back

to the Magistrate Judge for additional proceedings.

DONE this 19th day of April, 2013.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2