Daniels v. Alabama Department of Corrections, et al. (INMATE 2)
Filing
15
JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: 1. The 11 Recommendation of the United States Magistrate Judge is adopted. 2. Plaintiff Robert Lee Daniels's claim against defendant D.O.C. (Alabama Department of Correct ions) is dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted.3. Plaintiff Daniels's claims against defendants Kim Tobias Thomas and Louis Boyd are dismissed withou t prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. 4. Defendants Thomas, Boyd, and D.O.C. (Alabama Department of Corrections) are dismissed and terminated as parties. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 5/26/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ROBERT LEE DANIELS,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
D.O.C., et al.,
Defendants.
CIVIL ACTION NO.
2:15cv14-MHT
(WO)
JUDGMENT
This case is before the court on the recommendation
of
the
United
States
Magistrate
claims and parties be dismissed.
been filed.
Judge
that
certain
No objections have
Upon an independent and de novo review of
the record, it is ORDER, JUDGMENT, and DECREE of the
court as follows:
1.
The
recommendation
of
the
United
States
Magistrate Judge (doc. no. 11) is adopted.
2.
Plaintiff Robert Lee Daniels’s claim against
defendant
is
D.O.C. (Alabama Department of Corrections)
dismissed
with
prejudice
pursuant
to
28
U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim upon
which relief can be granted.
3.
Plaintiff Daniels’s claims against defendants
Kim Tobias Thomas and Louis Boyd are dismissed without
prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for
failure
to
state
a
claim
upon
which
relief
can
be
granted.
4.
Defendants Thomas, Boyd, and D.O.C. (Alabama
Department of Corrections) are dismissed and terminated
as parties.
The clerk of the court is DIRECTED to enter this
document
on
the
civil
pursuant
to
Rule
58
of
docket
the
as
a
Federal
final
Rules
judgment
of
Procedure.
This case is not closed.
DONE, this the 26th day of May, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
Civil
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