Reeves v. Jones et al (INMATE 2), No. 2:2011cv01062 - Document 14 (M.D. Ala. 2012)

Court Description: OPINION AND ORDER that 10 Report and Recommendations is ADOPTED; that the Plaintiff's access to courts, conditions of confinement, and disciplinary proceeding claims against Defendants Jones, Jenkins, and Blakely are DISMISSED with prejudice p rior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); that Plaintiff's complaint against Defendants Jones and Jenkins is DISMISSED with prejudice; that Defendants Jones and Jenkins are DISMISSED as pa rties to the complaint; that Plaintiff's excessive force claim against Defendant Blakely is REFERRED BACK to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 4/13/2012. (Attachments: # 1 Civil Appeals Checklist)(cc, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION RICHARD KYLE REEVES, AIS # 255472, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. WARDEN JONES, et al., Defendants. CIV. ACT. NO. 2:11cv1062-TMH (WO) OPINION and ORDER On March 20, 2012, 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 as follows that: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The Plaintiff s access to courts, conditions of confinement, and disciplinary proceeding claims against Defendants Jones, Jenkins, and Blakely 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 Plaintiff s complaint against Defendants Jones and Jenkins be and is hereby DISMISSED with prejudice; 4. Defendants Jones and Jenkins be and are hereby DISMISSED as parties to the complaint; and 5. The Plaintiff s excessive force claim against Defendant Blakely be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings. Done this the 13th day of April 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2