Mitchell v. Henline et al (INMATE 2)

Filing 41

ORDER as follows: (1) The 22 Recommendation of the Magistrate Judge is ADOPTED. (2) Plaintiff's 20 Motion to Dismiss Defendant Officer Monardy is GRANTED. (3) Plaintiff's action against Defendant Officer Monardy is DISMISSED with pre judice, and the Clerk of the Court is DIRECTED to terminate Monardy as a defendant in this action. (4) This action with respect to the remaining Defendants is REFERRED back to the Magistrate Judge. Signed by Chief Judge William Keith Watkins on 10/2/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LEWIS MITCHELL,
Plaintiff,
v.
WARDEN HENLINE OF ECJ, et
al.,
Defendants.

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CASE NO. 2:17-CV-380-WKW
[WO]

ORDER
On July 27, 2017, the Magistrate Judge filed a Recommendation to which no
timely objections have been filed. (Doc. # 22.) Upon an independent review of the
record and upon consideration of the Recommendation, it is ORDERED as follows:
(1)

The Recommendation of the Magistrate Judge (Doc. # 22) is

ADOPTED.
(2)

Plaintiff’s Motion to Dismiss Defendant Officer Monardy (Doc. # 20)

is GRANTED.
(3)

Plaintiff’s action against Defendant Officer Monardy is DISMISSED

with prejudice, and the Clerk of the Court is DIRECTED to terminate Monardy as a
defendant in this action.

(4)

This action with respect to the remaining Defendants is REFERRED

back to the Magistrate Judge.
DONE this 2nd day of October, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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