Fuller v. Nearer et al (INMATE 2)

Filing 56

OPINION AND ORDER: it is ORDERED and ADJUDGED that the 54 Recommendation of the Magistrate Judge be and is hereby ADOPTED; that the Plf's claims against Dfts Turner, Washington, and Phelps are DISMISSED pursuant to 28 USC § 1915(e)(2)(B)( ii); that these parties are DISMISSED as parties to this cause of action; and the Plf's claims against the remaining dfts are referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 7/8/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DAVID BOY FULLER, #147862
Plaintiff,
v.
LT. NEARER, et al.,
Defendants.

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CASE NO. 2:13-cv-417-TMH
[wo]

OPINION and ORDER
On May 23, 2014, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. 54). 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 Defendants Turner, Washington, and
Phelps are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); that these parties are
DISMISSED as parties to this cause of action; and the Plaintiff’s claims against the
remaining defendants are referred back to the Magistrate Judge for additional proceedings.
th

DONE this the 8 day of July, 2014.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE