Dollar v. Russell County Sheriff's Office et al (INMATE 2)

Filing 16

ORDER directing that, upon an independent review of the file in this case and upon consideration of the 7 Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The 7 Recommendation of the Magistrate J udge is ADOPTED; (2) Plaintiff's claims against the Russell County Sheriff's Office are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and the Russell County Sheri ff's Office is DISMISSED as a party to this cause of action; (3) This case with respect to the claims against the remaining defendant is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Mark E. Fuller on 11/1/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION THOMAS RICHIE DOLLAR, JR., ) ) Plaintiff, ) v. ) ) RUSSELL CO. SHERIFF'S OFFICE, et al., ) ) Defendants. ) CASE NO. 3:11-cv-571-MEF ORDER On July 29, 2011, the Magistrate Judge filed a Recommendation (Doc. #7) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. Plaintiff's claims against the Russell County Sheriff's Office are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i) and the Russell County Sheriff's Office is DISMISSED as a party to this cause of action. 3. This case with respect to the claims against the remaining defendant is referred back to the Magistrate Judge for appropriate proceedings. st DONE this the 1 day of November, 2011. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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