Kramer v. Elmore County Sheriff Dept et al (INMATE 1)

Filing 7

ORDER OVERRULING 6 Objection of the plaintiff; ADOPTING 5 REPORT AND RECOMMENDATION of the Mag Judge as follows: (1) the plaintiff's claims against the Elmore County Sheriff Department are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i); (2) the plaintiff's claims against the Elmore County Commission are DISMISSED in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) and (iii); (3) the Elmore County Sheriff Department and the Elmore Cou nty Commission are DISMISSED as defendants to this cause of action; (4) This case, with respect to the Plaintiff's claims against the remaining Defendants alleging mistreatment during her confinement in the Elmore County Jail is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Charles S. Coody on 6/5/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

LISA KRAMER,
Plaintiff,
v.
ELMORE COUNTY SHERIFF DEPT.,
et al.,
Defendants.

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CIVIL ACTION NO. 2:13cv285-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #5),
and Doc. #6, filed by the Plaintiff on May 21, 2013, which the court construes to be an Objection
to the Recommendation of the Magistrate Judge.
Upon an independent evaluation and de novo review of the file, the court OVERRULES
the objection of the Plaintiff, ADOPTS the Recommendation, and it is hereby ORDERED as
follows:
1. The Plaintiff’s claims against the Elmore County Sheriff Department are DISMISSED
with prejudice pursuant to the directives of 28 U.S.C. §1915(e)(2)(B)(i).
2. The Plaintiff’s claims against the Elmore County Commission are DISMISSED in
accordance with the provisions of 28 U.S.C. §1915(e)(2)(B)(ii) and (iii).
3. The Elmore County Sheriff Department and the Elmore County Commission are
DISMISSED as Defendants to this cause of action.

4. This case, with respect to the Plaintiff’s claims against the remaining Defendants
alleging mistreatment during her confinement in the Elmore County Jail is referred back to the
Magistrate Judge for further proceedings.
DONE this 5th day of June, 2013.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE