Montgomery v. Alabama Department of Corrections et al (INMATE1), No. 2:2011cv00757 - Document 11 (M.D. Ala. 2011)

Court Description: ORDER AND OPINION: it is ORDERED and ADJUDGED that the 10 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case is DISMISSED without prejudice prior to service of process in accordance with the provisions of 28 USC § 1915(e)(2)(B)(ii). Signed by Honorable Judge Truman M. Hobbs on 11/17/2011. (wcl, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARSHALL MONTGOMERY, #184044, ) ) Plaintiff, ) ) v. ) ) ALA. DEPT. OF CORRECTIONS, et al., ) ) Defendants. ) CIVIL ACTION NO. 2:11cv757-TMH ORDER AND OPINION On October 26, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 10). 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 without prejudice prior to service of process in accordance with the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(ii). Done this the 17 th day of November, 2011. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE