Esco v. Daniels et al (INMATE 2), No. 2:2008cv00831 - Document 11 (M.D. Ala. 2008)

Court Description: OPINION AND ORDER; Ordered that the 10 Recommendation of the Magistrate Judge is adopted and this case dismissed with prejudice prior to service of process. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/29/08. (sl, )
Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION BILLY DWIGHT ESCO, # 243253, Plaintiff, v. WARDEN LEPOSY DANIELS, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:08cv831-TMH (WO) OPINION and ORDER This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on December 3, 2008, (Doc. # 10), that this case be dismissed with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire record, the court believes that the recommendation should be adopted. Accordingly, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). An appropriate judgment will be entered. Done this the 29th day of December, 2008. /s/ Truman M. Hobbs _______________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE