Edwards v. Jones et al (INMATE2)
ORDERED that (1) the plaintiff's 7 objection to the Recommendation is overruled; (2) the 6 Recommendation of the Magistrate Judge is adopted; (3) plaintiff's claims against defendants J. Jones, C. Torbert, C. Welch, and T. Jones are dis missed without prejudice and prior to service of process; (4) defendants J. Jones, C. Torbert, C. Welch, and T. Jones are dismissed as parties to the complaint pursuant to 28 USC 1919(e)(2)(B); and (5) this case is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Ira De Ment on 9/4/09. (sl, )
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF E A S T E R N DIVISION D E M E T R IU S M. EDWARDS, P la in tiff, v. S H E R IF F JAY JONES, et al., D e fe n d a n ts . ) ) ) ) ) ) ) ) )
C A S E NO. 3:09-CV-660-ID (W O )
A fte r an independent review of the file, it is hereby CONSIDERED and ORDERED th a t: 1 . The plaintiff's objection (Doc. # 7) to the Recommendation of the Magistrate J u d g e , filed on August 11, 2009, is OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #6), filed on July 28, 2009, is ADOPTED; 3 . Plaintiff's claims against defendants J. Jones, C. Torbert. C. Welch, and T. Jones a re DISMISSED without prejudice and prior to service of process;1 4 . Defendants J. Jones, C. Torbert. C. Welch, and T. Jones are DISMISSED as parties to the Complaint pursuant to 28 U.S.C. § 1919(e)(2)(B); and 5. This case is REFERRED back to the magistrate judge for further proceedings. DONE this 4th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE
A dismissal "without prejudice" is a "dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period." Black's Law Dictionary (8th ed. 2004)
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?