Friend v. Russell County Sheriff Department et al (INMATE 1)

Filing 8

OPINION and ORDER: It is ORDERED and ADJUDGED as follows: 1. The 5 Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The claims challenging conditions present at the Russell County Jail from 9/18/2008 until 4/5/2010 be and are her eby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) as the plaintiff failed to filethe complaint within the time prescribed by the applicable period of limitation;3. The plaintiffs claims against Russel l County Sheriff Department be and arehereby DISMISSED with prejudice pursuant to the directives of 28 U.S.C. §1915(e)(2)(B)(i); 4. The Russell County Sheriff Department and the Russell County Jail be and are hereby DISMISSED as defendants in th is cause of action; and 5. This case, with respect to the plaintiffs claims against defendants Taylor and Holland challenging conditions of the Russell County Jail since 4/6/2010, be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 5/18/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
CLYDE H. FRIEND,
Plaintiff,
v.
RUSSELL COUNTY SHERIFF
DEPT., et al.,
Defendants.

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CIV. ACT. NO. 3:12cv331-TMH
(WO)

OPINION and ORDER
On April 26, 2012, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 5). 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 claims challenging conditions present at the Russell County Jail from

September 18, 2008 until April 5, 2010 be and are hereby DISMISSED with prejudice in
accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) as the plaintiff failed to file
the complaint within the time prescribed by the applicable period of limitation;
3.

The plaintiff’s claims against Russell County Sheriff Department be and are

hereby DISMISSED with prejudice pursuant to the directives of 28 U.S.C. §
1915(e)(2)(B)(i);

4.

The Russell County Sheriff Department and the Russell County Jail be and are

hereby DISMISSED as defendants in this cause of action; and
5.

This case, with respect to the plaintiff’s claims against defendants Taylor and

Holland challenging conditions of the Russell County Jail since April 6, 2010, be and is
hereby REFERRED BACK to the Magistrate Judge for further proceedings.
Done this the 18th day of May 2012.

/s/
Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE

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