Carey v. Logan et al (INMATE 2)

Filing 13

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 5 Recommendation is adopted. (2) Defendant Commissioner of ADOC (that is, Billy Sharp, former action Commissioner of the Alabama Department of Corrections) and the claims against him are dismissed without prejudice and said defendant is terminated as a party. (3) No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgme nt pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Rather, this case is referred back to the magistrate judge for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 7/27/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CARLOS CAREY,
Plaintiff,
v.
CAPTAIN LOGAN and
COMMISSIONER OF ADOC,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:15cv193-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
on this date, it is the ORDER, JUDGMENT, and DECREE of
the court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 5) is adopted.
(2) Defendant Commissioner of ADOC (that is, Billy
Sharp,

former

Acting

Commissioner

of

the

Alabama

Department of Corrections) and the claims against him
are dismissed without prejudice and said defendant is
terminated as a party.
(3)

No costs are taxed.

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

docket

of

the

as

a

final

judgment

Federal

Rules

of

Civil

Rather,

this

case

Procedure.
This case is not closed.
referred

back

to

the

magistrate

judge

for

is

further

appropriate proceedings.
DONE, this the 27th day of July, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE