Barber v. Babers et al (INMATE1), No. 2:2011cv01044 - Document 28 (M.D. Ala. 2012)

Court Description: OPINION and ORDER ordering and adjudging as follows that: (1) the 27 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED; (2) The Plaintiff's claims against the Alabama Department of Corrections be and are hereby DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); (3) the Alabama Dept of Corrections be and is hereby DISMISSED as a defendant in this cause of action; and (4) this case with respect to the remaining defendants be and is hereby REFERRED back to the Mag Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 4/13/12. (Attachments: # 1 civil appeals checklist)(djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WILLIE JAMES BARBER, AIS # 273254, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CAPTAIN BABERS, et al., Defendants. CIV. ACT. NO. 2:11cv1044-TMH (WO) OPINION and ORDER On March 16, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 27). 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 as follows that: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The Plaintiff s claims against the Alabama Department of Corrections be and are hereby DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i); 3. The Alabama Department of Corrections be and is hereby DISMISSED as a defendant in this cause of action; and 4. This case with respect to the remaining defendants be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings. Done this the 13 th day of April 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE