Underwood v. Houston County Jail et al (INMATE1), No. 2:2009cv00069 - Document 18 (M.D. Ala. 2009)
Court Description: OPINION AND ORDER ADOPTING 12 Report and Recommendations, that the plaintiff's claims against the Houston County Jail be and are hereby dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i); That the Houston Cou nty Jail be and is hereby dismissed as a defendant in this cause of action; That this case, with respect to the plaintiff's claims against the remaining defendants be and are hereby referred back to the Mag Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 3/6/09. (Attachments: # 1 appeals checklist)(vma, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION STANLEY UNDERWOOD, #195177, ) ) ) ) ) ) ) ) ) Plaintiff, v. HOUSTON COUNTY JAIL, et al., Defendants. CIVIL ACTION NO. 2:09cv69-TMH OPINION and ORDER On February 12, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed (doc. # 12). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. That the Recommendation be and is hereby ADOPTED. 2. That the plaintiff s claims against the Houston County Jail be and are hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. ยง 1915(e)(2)(B)(i). 3. That the Houston County Jail be and is hereby DISMISSED as a defendant in this cause of action. 4. That this case, with respect to the plaintiff s claims against the remaining defendants be and are hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Done this the 6 th day of March 2009. /s/ Truman M. Hobbs ________________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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