Griggs v. Fitzpatrick (INMATE1), No. 2:2009cv00172 - Document 5 (M.D. Ala. 2009)

Court Description: ORDER AND OPINION, it is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case is DISMISSED with prejudice prior to service of process as required by 28 USC 1915(e)(2)(B)(I). Signed by Honorable Truman M. Hobbs on 4/23/2009. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARCUS GRIGGS, #261331, Plaintiff, v. OFFICER FITZPATRICK, Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv172-TMH ORDER AND OPINION On April 2, 2009, 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 this case is DISMISSED with prejudice prior to service of process as required by 28 U.S.C. ยง 1915(e)(2)(B)(I). Done this the 23 rd day of April, 2009. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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