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, )

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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. ) ) ) ) ) CASE NO. 3:17-CV-576-WKW ) [WO] ) ) ) ) ) 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 2

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