Stallworth v. Kilby Correctional Facility et al (INMATE2), No. 2:2010cv00469 - Document 20 (M.D. Ala. 2010)

Court Description: ORDER AND OPINION adopting the 15 Recommendation; dismissing the claims against the Kilby Correctional Facility with prejudice prior to service; dismissing Kilby Correctional Facility as a party; referring the case back to the Magistrate for further proceedings. Signed by Honorable Ira De Ment on 9/29/2010. (br, )
Download PDF
Stallworth v. Kilby Correctional Facility et al (INMATE2) Doc. 20 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KINWEN L. STALLWORTH, #203660, Plaintiff, v. KILBY CORRECTIONAL FACILITY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:10cv469-ID ORDER AND OPINION On September 8, 2010, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 15). 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. Plaintiff’s claims against the Kilby Correctional Facility are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); 2. The Kilby Correctional Facility is DISMISSED as a party to the complaint; and Dockets.Justia.com 3. This case with respect to the remaining defendants is referred back to the Magistrate Judge for additional proceedings. Done this the 29 th day of September, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2