Downes v. Department of Corrections et al (INMATE 1)

Filing 21

ORDERED as follows: 1. The 16 Recommendation is ADOPTED. 2. Mr. Downes's claims against the State of Alabama and the Department of Corrections are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 3. The State of Alabama and the Departm ent of Corrections are DISMISSED as Defendants. 4. The case is referred back to the Magistrate Judge for disposition or recommendation on all pretrial matters as may be appropriate pursuant to 28 U.S.C. § 636. Signed by Chief Judge William Keith Watkins on 7/27/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES R. DOWNES,
# 281824,
Plaintiff,
v.
DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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CASE NO. 2:15-CV-437-WKW

ORDER
On July 6, 2015, the Magistrate Judge filed a Recommendation, in which he
concluded that “the claims lodged against the Department of Corrections and the
State of Alabama are subject to dismissal prior to service of process in accordance
with the provisions of . . . 28 U.S.C. § 1915(e)(2)(B)(i).” (Doc. # 16, at 1.)
Plaintiff Downes did not file an Objection to the Recommendation and, instead,
moved to amend his complaint to bring claims against Jefferson Dunn. (Doc.
# 17.) The Magistrate Judge granted Mr. Downes’s Motion to Amend on July 10,
2015. (Doc. # 18.)
Upon an independent review of the Recommendation and the subsequent
motion of Mr. Downes, it is ORDERED as follows:

1.

The Recommendation (Doc. # 16) is ADOPTED.

2.

Mr. Downes’s claims against the State of Alabama and the

Department of Corrections are DISMISSED pursuant to 28 U.S.C. §
1915(e)(2)(B)(i).
3.

The State of Alabama and the Department of Corrections are

DISMISSED as Defendants.
4.

The case is referred back to the Magistrate Judge for disposition or

recommendation on all pretrial matters as may be appropriate pursuant to 28
U.S.C. § 636.
DONE this 27th day of July, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE