Mesko v. Ventress Correctional Facility et al (INMATE 2)

Filing 16

ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) Without objection, the Recommendation of the Magistrate Judge (Doc. # 5 ) entered on March 19, 2014 is adopted; (2) Plaintiff&# 039;s claims against Ventress Correctional Facility are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i), and Ventress Correctional Facility is DISMISSED as a party to this complaint; (3) This case, with respect to the remaining defendants, is referred back to the United States Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 5/8/14. (scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TRAVIS A. MESKO, #286587, ) ) ) ) ) ) ) ) ) Plaintiff, v. VENTRESS CORRECTIONAL FACILITY, et al., Defendants. CASE NO. 2:14-cv-169-MEF WO ORDER After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: 1. Without objection,1 the Recommendation of the Magistrate Judge (Doc. #5) entered on March 19, 2014 is adopted; 2. Plaintiff's claims against Ventress Correctional Facility are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i), and Ventress Correctional Facility is DISMISSED as a party to this complaint. 3. This case, with respect to the remaining defendants, is referred back to the United States Magistrate Judge for additional proceedings. 1 The Court notes that Plaintiff filed a response to the Magistrate Judge's Report and Recommendation (Doc. #11). This response, however, was not an objection the Magistrate Judge's Report and Recommendation, but rather an agreement with its conclusions. DONE this the 8th day of May, 2014. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2

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