-SRW McAteer v. McCooey et al (INMATE1), No. 2:2011cv00033 - Document 5 (M.D. Ala. 2011)

Court Description: ORDER AND OPINION; that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that plaintiff's complaint is DISMISSED without prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Ira De Ment on 2/23/2011. (jg, )

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-SRW McAteer v. McCooey et al (INMATE1) Doc. 5 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROY LEE McATEER, Plaintiff, v. TRACY S. McCOOEY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:11cv33-ID ORDER AND OPINION On January 25, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that plaintiff's complaint is DISMISSED without prejudice prior to service of process under 28 U.S.C. ยง 1915(e)(2)(B)(ii). Done this the 23rd day of February, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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