Jones v. Ivey et al (INMATE 1)

Filing 12

ORDER: it is ORDERED as follows: 1. The 6 Objections are OVERRULED; 2. The 4 Recommendation is ADOPTED; 3. This case be DISMISSED without prejudice prior to service of process pursuant to 28 USC 1915(e)(2)(B)(ii). Signed by Honorable Judge R. Austin Huffaker, Jr on 1/6/2021. (bes, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TOREE JONES,
AIS # 268125,
Plaintiff,
v.
KAY IVEY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CASE NO. 2:20-CV-703-RAH

ORDER
On September 16, 2020, the Magistrate Judge recommended that this case be
dismissed without prejudice prior to service of process pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) as the claims presented by Plaintiff Toree Jones currently provide
him no basis for relief. (Doc. 4.) On September 28, 2020, the Plaintiff filed
Objections (Doc. 6) to the Report and Recommendation of the Magistrate Judge
(Doc. 4). The court has conducted an independent and de novo review of those
portions of the Recommendation to which objection is made. See 28 U.S.C.
§ 636(b). Upon this court’s review and consideration of the arguments set forth in
the Objections, the Court agrees with the Magistrate Judge’s findings and analysis.
Accordingly, it is ORDERED as follows:
1.

The Objections (Doc. 6) are OVERRULED.

2.

The Recommendation (Doc. 4) is ADOPTED.

3.

This case be DISMISSED without prejudice prior to service of process

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
DONE, this 6th day of January, 2021.

/s/ R. Austin Huffaker, Jr.
R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE

2