Graham v. Corizon Medical Services Inc. et al (INMATE 2)

Filing 17

ORDER that the 16 Objection is OVERRULED; that the court ADOPTS the 15 Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1) Plf's claims against the Alabama Department of Corrections and the Alabama Department of C orrections Legal Division are DISMISSED with prejudice prior to service of process under 28 USC § 1915(e)(2)(B)(i); 2) The Alabama Department of Corrections and the Alabama Department of Corrections Legal Division are DISMISSED as parties to thi s action; 3) This case is referred back to the Magistrate Judge for further proceedings on Plf's claims against the remaining Dfts. Signed by Honorable Judge W. Harold Albritton, III on 9/26/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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

STANLEY M. GRAHAM, #153 494,
Plaintiff,
v.
CORIZON MEDICAL SERVICES, et al.,
Defendants.

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CIVIL ACTION NO. 2:13cv438-WHA
(WO)

ORDER
Upon consideration of the Plaintiff’s Objection (Doc. #16) to the Recommendation of the
Magistrate Judge (Doc. #15), and after an independent evaluation and de novo review, the court
finds the objection to be without merit, for the reasons stated in the Recommendation, and the
objection is OVERRULED. The court ADOPTS the Recommendation of the Magistrate Judge,
and it is hereby ORDERED as follows:
1. Plaintiff’s claims against the Alabama Department of Corrections and the Alabama
Department of Corrections Legal Division are DISMISSED with prejudice prior to service of
process under 28 U.S.C. § 1915(e)(2)(B)(i).
2. The Alabama Department of Corrections and the Alabama Department of Corrections
Legal Division are DISMISSED as parties to this action.
3. This case is referred back to the Magistrate Judge for further proceedings on Plaintiff’s
claims against the remaining Defendants.

DONE this 26th day of September, 2013.

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