Conley v. Darbouze et al (INMATE 1)(CONSENT)

Filing 15

ORDER the court ADOPTS the Recommendation of the Magistrate Judge 5 as follows: 1. Plaintiff's claims against the Alabama Department of Corrections and the Easterling Correctional Facility are DISMISSED with prejudice in accordance with the pr ovisions of 28 U.S.C. § 1915(e)(2)(B)(i), and the Alabama Department of Corrections and Easterling Correctional Facility are DISMISSED as Defendants in this case. 2. With respect to the Plaintiff's allegations against Dr. Darbouze, Warden Sconyers, and Commissioner Thomas, this case is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 9/27/2013. (jg, )

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

ROGER GLEN CONLEY, #207444,
Plaintiff,
v.
DR. JEAN DARBOUZE, et al.,
Defendants.

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CIVIL ACTION NO. 2:13cv583-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #5),
entered on August 20, 2013, and the Plaintiff’s Objection (Doc. #8), filed on August 29, 2013.
After an independent evaluation and de novo review, the court finds the Objection to be without
merit, and it is due to be overruled.
For the reason given in the Recommendation, i.e., that the Alabama Department of
Corrections and the Easterling Correctional Facility are entitled to absolute immunity from this
suit, 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 Easterling
Correctional Facility are DISMISSED with prejudice in accordance with the provisions of 28
U.S.C. § 1915(e)(2)(B)(i), and the Alabama Department of Corrections and Easterling
Correctional Facility are DISMISSED as Defendants in this case.

2. With respect to the Plaintiff’s allegations against Dr. Darbouze, Warden Sconyers, and
Commissioner Thomas, this case is referred back to the Magistrate Judge for further
proceedings.
DONE this 27th day of September, 2013.

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