Partridge v. Randolph County (Wedowee, AL) et al (INMATE 1)

Filing 17

ORDER that 1. Plaintiff's objection 10 be and the same is hereby OVERRULED; 2. The recommendation of the magistrate judge 6 be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. The plaintiff's claims against Judge W. P. Whaley b e and the same are hereby DISMISSED with prejudice prior to service of process in accordance with the with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); and 4. The plaintiff's claims against the remaining defendants be and the same are hereby REFERRED back to the magistrate judge for appropriate proceedings. Signed by Honorable Ira De Ment on 4/25/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CRAIG PARTRIDGE, #844679, Plaintiff, v. RANDOLPH COUNTY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:11-CV-247-ID (WO) ORDER Before the court are the recommendation of the magistrate judge, (Doc. #6), and plaintiff’s objection, (Doc. #10). Having conducted a de novo determination of those portions of the recommendation to which objections are made, it is CONSIDERED and ORDERED as follows: 1. Plaintiff’s objection (Doc. #10) be and the same is hereby OVERRULED; 2. The recommendation of the magistrate judge (Doc. #6) be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. The plaintiff’s claims against Judge W. P. Whaley be and the same are hereby DISMISSED with prejudice prior to service of process in accordance with the with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); and 4. The plaintiff’s claims against the remaining defendants be and the same are 1 hereby REFERRED back to the magistrate judge for appropriate proceedings. DONE this the 25th day of April, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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