Davis v. Corizon et al (INMATE 2)

Filing 4

OPINION and ORDER: it is ORDERED and ADJUDGED that the 3 Recommendation of the Magistrate Judge be and is hereby ADOPTED, and that Plf's claims challenging events which occurred at the Easterling Correctional Facility on or before 11/30/2010 a nd/or of which he was made aware on or before 2/26/2011 be DISMISSED with prejudice pursuant to the directives of 28 USC § 1915A as Plf failed to file the complaint with regard to these allegations within the time prescribed by the applicable pe riod of limitation; and Plf's complaint against Dfts Boyd, Darbouze, and Wilson be DISMISSED with prejudice pursuant to the directives of 28 USC § 1915A as Plf failed to file the complaint against these dfts within the time prescribed by th e applicable period of limitation; and that Dfts Boyd, Darbouze and Wilson be DISMISSED as parties to this action; and that the remaining § 1983 presented against Dfts Corizon, Barrett, Stubbs, and Hunt, to the extent they are not barred by the applicable statute of limitations, be TRANSFERRED to the USDC ALND pursuant to the provisions of 28 USC § 1404. Signed by Honorable Judge Truman M. Hobbs on 5/17/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TERRY DAVIS, #140 728
Plaintiff,
v.
CORIZON (C.M.S.), et al.,
Defendants.

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CASE NO. 2:13-cv-135-TMH-TFM
[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. No. 3). 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, and that Plaintiff’s claims challenging events which
occurred at the Easterling Correctional Facility on or before November 30, 2010 and/or of
which he was made aware on or before February 26, 2011 be DISMISSED with prejudice
pursuant to the directives of 28 U.S.C. § 1915A as Plaintiff failed to file the complaint
with regard to these allegations within the time prescribed by the applicable period of
limitation; and Plaintiff’s complaint against Defendants Boyd, Darbouze, and Wilson be
DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915A as Plaintiff
failed to file the complaint against these defendants within the time prescribed by the

applicable period of limitation; and that Defendants Boyd, Darbouze and Wilson be
DISMISSED as parties to this action; and that the remaining § 1983 presented against
Defendants Corizon, Barrett, Stubbs, and Hunt, to the extent they are not barred by the
applicable statute of limitations, be TRANSFERRED to the United States District Court
for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. § 1404.
DONE this 17th day of May, 2013.

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

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