Hart v. Tallapoosa County Jail et al (INMATE 1)

Filing 10

OPINION AND ORDER: It is ORDERED and ADJUDGED as follows that: 1. The 9 Recommendation of the Magistrate Judge be and is hereby ADOPTED. 2. The plaintiff's claim regarding use of a racial slur and his claims against Tallapoosa County Jail be a nd are hereby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 3. Chance Hunt and the Tallapoosa County Jail be and are hereby DISMISSED as defendants in this cause of action; and 4. This case, with res pect to the plaintiffs claims against Lt. Christopher Nails and Blake Jennings challenging conditions of confinement at the Tallapoosa County Jail, be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 4/13/2012. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WILLIE CORTEZ HART, Plaintiff, v. TALLAPOOSA COUNTY JAIL, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 3:12cv182-TMH (WO) OPINION and ORDER On March 20, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 9). 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. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The plaintiff’s claim regarding use of a racial slur and his claims against Tallapoosa County Jail be and are hereby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 3. Chance Hunt and the Tallapoosa County Jail be and are hereby DISMISSED as defendants in this cause of action; and 4. This case, with respect to the plaintiff’s claims against Lt. Christopher Nails and Blake Jennings challenging conditions of confinement at the Tallapoosa County Jail, be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings. Done this the 13 th day of April, 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2

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