Jackson v. Benjamin et al

Filing 16

ORDER ADOPTING the 11 REPORT AND RECOMMENDATIONS. It is ORDERED that Defendants Daily and Garrett be dismissed without prejudice, prior to service of process for failure to state a claim upon which relief can be granted. It is further ORDERED that this action proceed in regard to the claims against the other Defendants. Signed by Chief Judge William H. Steele on 11/22/10. Copy mailed to Plaintiff. (tgw)

Jackson v. Benjamin et al

Doc. 16

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

JAMES TYRONE JACKSON, #100780, Plaintiff, vs. DR. DELANO BENJAMIN, et al., Defendants.

: : : : : CIVIL ACTION 10-0304-WS-M

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Defendants Daily and Garrett be dismissed

without prejudice, prior to service of process, pursuant to 28 U.S.C. ' 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted against them. It is further ORDERED that this action

proceed in regard to the claims against the other Defendants. DONE this 22nd day of November, 2010.

s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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