Carter v. Jones et al (INMATE 2)
ORDER that the RECOMMENDATION 5 is adopted; Plaintiff's complaint against Defendant Fuller is DISMISSED with prejudice prior to service of process; Defendant Fuller is DISMISSED as a party to the complaint; this case, with respect to the remaining defendants, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Truman M. Hobbs on 9/21/09. (Attachments: # 1 Civil Appeals Checklist)(br, )
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION S E A N M. CARTER, P l a in tif f , v. S H E R IF F JAY JONES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )
C A S E NO.: 3:09-cv-571-TMH
ORDER T h e Magistrate Judge entered a Recommendation (Doc. #5) in this case to which no t i m e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #5) of the Magistrate Judge is A D O P T E D . It is further ORDERED that: 1. P la in tif f 's complaint against Defendant Fuller is DISMISSED with prejudice p rio r to service of process pursuant to the provisions of 28 U.S.C. § 1 9 1 5 (e )(2 )(B )(i); 2. 3. D e f en d a n t Fuller is DISMISSED as a party to the complaint; and th is case, with respect to the remaining defendants, is REFERRED back to the M a g i str a te Judge for further proceedings.
Done this 21 st day of September, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?