Smith v. Rochester (INMATE1), No. 2:2009cv00639 - Document 5 (M.D. Ala. 2009)

Court Description: OPINION AND ORDER that the Recommendation of the Magistrate Judge 4 is hereby ADOPTED and that this case is DISMISSED with prejudice prior to serviceof process. Signed by Honorable Ira De Ment on 9/22/09. (br, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KENNETH ALONZO SMITH, Plaintiff, v. JOHN ROCHESTER - CIRCUIT JUDGE OF COOSA COUNTY, ALABAMA, Defendant. ) ) ) ) ) CIVIL ACTION NO. 2:09cv639-ID ) ) ) ) ) ORDER AND OPINION On August 17, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 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 in accordance with the directives of 28 U.S.C. ยง 1915(e)(2)(B)(I) and (ii). Done this the 22 nd day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE