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, )

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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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