Carter v. Jones et al (INMATE 2)

Filing 31

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