Stewart v. Giles et al (INMATE 1), No. 2:2009cv00684 - Document 12 (M.D. Ala. 2009)
Court Description: ORDER AND OPINION, it is ORDERED and ADJUDGED that the 7 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The plf's claims against the AL Dept. of Corrections are DISMISSED with prejudice pursuant to the directives of 28 USC 1915(e)(2)(B)(I); 2) The AL Dept. of Corrections is DISMISSED as a dft in this cause of action; 3) This case, with respect to the allegations set forth against the remaining dfts, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 9/15/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROBERT FRANKLIN STEWART, #197704 Plaintiff, v. ALABAMA DEPT. OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09CV684-ID ORDER AND OPINION On August 26, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 7). 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 plaintiff s claims against the Alabama Department of Corrections are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. ยง 1915(e)(2)(B)(I). 2. The Alabama Department of Corrections is DISMISSED as a defendant in this cause of action. 3. This case, with respect to the allegations set forth against the remaining defendants, is referred back to the Magistrate Judge for appropriate proceedings. Done this the 15 th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2
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