McKeithen v. Jackson et al (INMATE2)

Filing 15

ORDER that the Court GRANTS the 13 Motion for Leave to Construe the Amended Complaint as a Written Objection to the Recommendation of the Magistrate Judge, concurs with the Magistrate Judge's denial of the Motion to Amend as to Defendant Carlt on, overrules the objection, and ADOPTS the 9 Recommendation of the Magistrate Judge. It is ORDERED as follows: 1. Plaintiff's Complaint against Defendants Allen and Carlton is DISMISSED with prejudice and prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). 2. Defendants Allen and Carlton are DISMISSED as parties to the Complaint. 3. This case is referred back to the Magistrate Judge for further proceedings with regard to the remaining Defendants. Signed by Honorable W. Harold Albritton, III on 4/19/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

ORLANDO SAMUEL McKEITHEN,
Plaintiff,
vs.
CATHY JACKSON, et al.,
Defendants.

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CIVIL ACTION NO. 3:11cv190-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #9),
entered on April 7, 2011, and the Motion for Leave to Construe the Amended Complaint as a
Written Objection to the Recommendation of the Magistrate Judge (Doc. #13), filed on April 15,
2011.
Upon a de novo review of the entire file, the court finds that the Magistrate Judge has
denied the Plaintiff’s Motion to Amend as to Defendant Carlton in light of the Plaintiff’s
statement that he seeks to sue Warden James Carlton in his official capacity. The court
GRANTS the Motion for Leave to Construe, concurs with the Magistrate Judge’s denial of the
Motion to Amend as to Defendant Carlton, overrules the objection, and adopts the
Recommendation of the Magistrate Judge. Therefore, it is hereby ORDERED as follows:
1. Plaintiff’s Complaint against Defendants Allen and Carlton is DISMISSED with
prejudice and prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i) and (ii).
2. Defendants Allen and Carlton are DISMISSED as parties to the Complaint.

3. This case is referred back to the Magistrate Judge for further proceedings with regard
to the remaining Defendants.
DONE this 19th day April, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE