Oliver v. Montgomery County Jail et al (INMATE 2)

Filing 26

OPINION and ORDER directing that, 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 AD OPTED; that the Plaintiff's claims against the claims against the Montgomery County Detention Facility be DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i); that the Montgomery County Detention Fa cility be DISMISSED as a party to this cause of action; and the Plaintiff's claims against the remaining defendants be referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 5/13/13. (scn, )

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

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CASE NO. 2:13-cv-0068-TMH
[wo]

OPINION and ORDER
On March 18, 2013, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. 17). 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; that the Plaintiff’s claims against the claims against the
Montgomery County Detention Facility be DISMISSED with prejudice prior to service of
process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i); that the Montgomery County Detention
Facility be DISMISSED as a party to this cause of action; and the Plaintiff’s claims
against the remaining defendants be referred back to the Magistrate Judge for additional
proceedings.
Done this the 13th day of May, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE