Oden v. Thomas et al(INMATE 2)
Filing
18
ORDERED and ADJUDGED that the 11 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) Plf's §1983 conspiracy claim against the named Dfts is DISMISSED with prejudice prior to service of process in accordance with t he provisions of 28 USC § 1915(e)(2)(B)(i); 2) Plf's complaint against Dfts Ward and Montgomery are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 USC § 1915(e)(2)(B)(i); 3) Dfts Ward and M ontgomery are DISMISSED as parties to the complaint; 4) This case with respect to the remaining dfts is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 9/30/2013. (Attachments: # 1 Civil Appeals Checklist)(wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BRANDON M. ODEN, #280023,
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Plaintiff,
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v.
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COMMISSIONER KIM THOMAS, et al., )
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Defendants.
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CIVIL ACTION NO. 2:13cv388-TMH
ORDER AND OPINION
On July 17, 2013, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 11). 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:
1.
Plaintiff’s §1983 conspiracy claim against the named Defendants is
DISMISSED with prejudice prior to service of process in accordance with the provisions of
28 U.S.C. § 1915(e)(2)(B)(i);
2.
Plaintiff’s complaint against Defendants Ward and Montgomery are
DISMISSED with prejudice prior to service of process in accordance with the provisions of
28 U.S.C. § 1915(e)(2)(B)(i);
3.
complaint;
Defendants Ward and Montgomery are DISMISSED as parties to the
4.
This case with respect to the remaining defendants is REFERRED back to the
Magistrate Judge for further proceedings.
DONE this 30th day of September, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE
2
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