Carter v. Department of Corrections (INMATE 2)

Filing 7

ORDER, JUDGMENT and DECREE that: 1. The plaintiff's 6 Objection is OVERRULED. 2. The 5 Report and Recommendation is ADOPTED. 3. Plaintiff's complaint is DISMISSED with prejudice prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i)-(iii). Signed by Hon. Chief Judge Mark E. Fuller on 7/31/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF E A S T E R N DIVISION S E A N M. CARTER, P l a i n t if f , v. D E P A R T M E N T OF CORRECTIONS, D e f e n d a n t. ) ) ) ) ) ) ) )

C A S E NO. 3:09-cv-0651-MEF WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #6) to the Recommendation of the Magistrate Judge f ile d on July 27, 2009 is OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #5) entered on July 16, 2009 is ADOPTED; 3 . Plaintiff's complaint is DISMISSED with prejudice prior to service of process p u rs u a n t to the directives of 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). DONE this the 31st day of July, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE