Cofer v. Morris et al (INMATE 2)

Filing 7

ORDER: It is ORDERED as follows: 1. The 6 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's 42 U.S.C. 1983 claims in Grounds One and Three of the amended complaint are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B )(ii); 3. Plaintiff's 1983 claim in Ground Two of the amended complaint is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); and 4. The case is DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(iii).A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 11/16/2017. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
WILLIAM COFER, JR.,
Plaintiff,
v.
INV. TEDDY MORRIS, INV.
SHANNON FRAILEY, and MAJOR
CLAY STEWART,
Defendants.

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) CASE NO. 3:17-CV-576-WKW
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[WO]
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ORDER

Before the court is the Recommendation of the Magistrate Judge. (Doc. # 6.)
There being no timely objection filed to the Recommendation, and based on an
independent review of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 6) is

ADOPTED;
2.

Plaintiff’s 42 U.S.C. § 1983 claims in Grounds One and Three of the

amended complaint are DISMISSED without prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(ii);
3.

Plaintiff’s § 1983 claim in Ground Two of the amended complaint is

DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); and

4.

The case is DISMISSED prior to service of process under 28 U.S.C.

§ 1915(e)(2)(B)(i–ii).
A separate final judgment will be entered.
DONE this 16th day of November, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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