Roberts v. Warr et al (INMATE 2)

Filing 8

OPINION and ORDER that the 5 Recommendation of the Magistrate Judge be and is hereby ADOPTED; that the Plaintiff's claims against Russell County Jail are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. §1915(e )(2)(B)(i); that Russell County Jail is DISMISSED as a party to this cause of action; and the Plaintiffs claims against the remaining defendants are referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 8/22/2013. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JEFFORY D. ROBERTS, ) ) ) ) ) ) ) ) ) Plaintiff, v. RUSSELL COUNTY JAIL, et al., Defendants. CASE NO. 3:13-cv-481-TMH [wo] OPINION and ORDER On July 15, 2013, 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 that the Recommendation of the Magistrate Judge be and is hereby ADOPTED; that the Plaintiff’s claims against Russell County Jail are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i); that Russell County Jail is DISMISSED as a party to this cause of action; and the Plaintiff’s claims against the remaining defendants are referred back to the Magistrate Judge for additional proceedings. Done this the 22nd day of August, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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