Scott v. Alabama Department of Corrections

Filing 17

ORDER ADOPTING the 13 REPORT AND RECOMMENDATIONS. It is ORDERED that plaintiff's existing claims are DISMISSED WITHOUT PREJUDICE and his motions to amend (Docs. 9 & 10) are DENIED. It is further ORDERED that plaintiff's motion for a prel iminary injunction (Doc.11) is DENIED. Plaintiff may file a new complaint that names or properly identifies those suable entities that he claims are responsible for the injuries suffered if said complaint is filed within 60 days of the entry of this Order. Signed by Judge William H. Steele on 2/3/10. Copy mailed to Plaintiff. (tgw)

.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION : : : : : Defendant. ORDER After due and proper consideration of all portions of this file deemed relevant to CIVIL ACTION 09-0590-WS-C

JOE HENRY SCOTT, #258485, Plaintiff, vs. ALABAMA DEPARTMENT OF CORRECTIONS,

the issues raised, and there having been no objections raised, the Report and Recommendation of the Magistrate Judge dated January 6, 2010 and made pursuant 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that plaintiff's existing claims are DISMISSED WITHOUT PREJUDICE and his motions to amend (Docs. 9 & 10) are DENIED. It is further ORDERED that plaintiff's motion for a preliminary injunction (Doc.11) be and is hereby DENIED. Plaintiff may file a new complaint that names or properly identifies those suable entities that he claims are responsible for the injuries suffered if said complaint is filed within sixty (60) days of the entry of this Order. DONE this 3rd day of February, 2010. s/WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE