Thompson v. Upshaw et al (INMATE 1), No. 2:2009cv00210 - 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: 1) The claims presented by Thompson with respect to actions taken against him during his confinement in the Barbour C ounty Jail are DISMISSED as moot; 2) The claims presented on behalf of other inmates confined in the Barbour County Jail are DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(I) as the plf lacks standing to assert these claims; 3) This case is DISMISSED prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(I) and (ii). Signed by Honorable Truman M. Hobbs on 4/24/2009. (wcl, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JOSEPH THOMPSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. LEROY UPSHAW, et al., Defendants. CIVIL ACTION NO. 2:09cv210-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: 1. The claims presented by Thompson with respect to actions taken against him during his confinement in the Barbour County Jail are DISMISSED as moot. 2. The claims presented on behalf of other inmates confined in the Barbour County Jail are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(I) as the plaintiff lacks standing to assert these claims. 3. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I) and (ii). Done this the 24 th day of April, 2009. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2