Davis v. Jones et al (INMATE1)

Filing 14

OPINION AND ORDER; 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The plaintiff's claims against Judge Kenneth Wilkes be and are hereby DISMISSED with prejudice prior to service of process in accordance with the direc tives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); 3. Judge Kenneth Wilkes be and is hereby DISMISSED as a defendant in this cause of action; and 4. The plaintiff's claims against the remaining defendants be and are hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 7/29/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

D a v i s v. Jones et al (INMATE1)

D o c . 14

IN THE UNITED STATES DISTRICT COURT FO R THE MIDDLE DISTRICT OF ALABAMA EASTER N DIVISION RO BE RT LOUIS DAVIS, Plaintiff, v. J AY JONES, et al., D e f e n d a n ts . ) ) ) ) ) C IVIL ACTION NO. 3:10cv393-ID ) (WO) ) ) ) OP IN ION and ORDER O n July 8, 2010, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 6). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: 1. 2. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; The plaintiff's claims against Judge Kenneth Wilkes be and are hereby DISMISSED w ith prejudice prior to service of process in accordance with the directives of 28 U .S.C . § 1915(e)(2)(B)(i) and (iii); 3. J udge Kenneth Wilkes be and is hereby DISMISSED as a defendant in this cause of action; and 4. The plaintiff's claims against the remaining defendants be and are hereby R EFER R ED BACK to the Magistrate Judge for appropriate proceedings. D one this 29th day of July, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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