Jerkins v. Allen et al (INMATE1), No. 2:2009cv00099 - Document 5 (M.D. Ala. 2009)
Court Description: OPINION and ORDER, it is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(ii). Signed by Honorable Truman M. Hobbs on 3/9/2009. (wcl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GREGORY JERKINS, # 162600, ) ) ) ) ) ) ) ) ) Plaintiff, v. RICHARD ALLEN and KATHY HOLT, Defendants. CIVIL ACTION NO. 2:09cv99-TMH (WO) OPINION and ORDER This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on February 12, 2009, (Doc. # 4), that this case be dismissed. 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 without prejudice prior to service of process in accordance with the directives of 28 U.S.C. ยง 1915(e)(2)(B)(ii). An appropriate judgment will be entered. Done this the 9 th day of March 2009. /s/ Truman M. Hobbs _______________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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