Ellington v. Abbett et al (INMATE1)

Filing 6

ORDER directing that, upon an independent review of the record and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE that: (1.) The 4 Recommendation is ADOPTED; (2.) This case is dismissed without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Judge Truman M. Hobbs on 9/8/11. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CHARLES ALEXANDER ELLINGTON, ) ) Plaintiff, ) ) v. ) ) JIMMY ABBETT, et al., ) ) Defendants. ) CASE NO. 3:11-cv-592-TMH ORDER On July 28, 2011, the Magistrate Judge issued a Recommendation (Doc. 4) to which no timely objections were made. Upon an independent review of the record and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE that: 1. The Recommendation (Doc. 4) is ADOPTED. 2. This case is dismissed without prejudice in accordance with the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(ii) DONE this 8th day of September, 2011. /s/ Truman M. Hobbs _________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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