Sullivan v. Russell County Jail et al (INMATE 1)

Filing 32

ORDER: the 31 Recommendation is ADOPTED, and it is hereby ORDERED that the 19 amended complaint is DISMISSED without prejudice for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); DIRECTING the Clerk to close this case and send Plaintiff a copy of this order; Final Judgment will be entered separately. Signed by Honorable Judge W. Harold Albritton, III on 7/29/2022. (am, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
DARYUS D. SULLIVAN,
Plaintiff,
v.

LT. JOHNSON, et al.,
Defendants.

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CASE NO. 3:21-CV-689-WHA-CWB
CASE NO. 3:21-CV-704-WHA-CWB

ORDER
This case is before the Court on a Recommendation of the Magistrate Judge entered
on July 7, 2022. Doc. 31. The Magistrate Judge recommended that Plaintiff’s amended
complaint be dismissed without prejudice for failure to state a claim pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) or, alternatively, that the case be dismissed for failure to comply with
a court order. Id. Plaintiff’s objections were due by July 21, 2022. Id. at 2. Plaintiff has not
filed objections to the Recommendation. Accordingly, there being no timely objections
filed to the Recommendation, and after an independent review of the file, the
Recommendation is ADOPTED, and it is hereby
ORDERED that the amended complaint (Doc. 19) is DISMISSED without prejudice
for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk is
DIRECTED to close this case and send Plaintiff a copy of this order.
Final Judgment will be entered separately.

Done, this 29th day of July, 2022.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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