Garrett v. Lockheart et al (INMATE 1)

Filing 9

ORDER AND OPINION: it is ORDERED and ADJUDGED that the 8 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The plf's claims against the Chambers County Detention Facility are dismissed with prejudice in accordance wi th the directives of 28 USC §1915(e)(2)(B)(I); 2) The Chambers County Detention Facility is DISMISSED as a dft in this cause of action; 3) This case, with respect to the plf's claims against dfts Lockheart, Stewart and Mann, are referred back to the magistrate judge for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 5/24/2012. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
CHRISTOPHER JERMAINE GARRETT, )
)
Plaintiff,
)
)
v.
)
)
SID LOCKHEART, et al.,
)
)
Defendants.
)

CIVIL ACTION NO. 3:12cv363-TMH

ORDER AND OPINION
On May 4, 2012, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 8). 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 that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that:
1.

The plaintiff’s claims against the Chambers County Detention Facility are

dismissed with prejudice in accordance with the directives of 28 U.S.C. §1915(e)(2)(B)(I).
2.

The Chambers County Detention Facility is DISMISSED as a defendant in this

cause of action.
3.

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

Stewart and Mann, are referred back to the magistrate judge for appropriate proceedings.
Done this the 24th day of May, 2012.
/s/
Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE