Barfield v. State of Alabama et al (INMATE1), No. 2:2011cv01114 - Document 8 (M.D. Ala. 2012)

Court Description: OPINION and ORDER: it is ORDERED and ADJUDGED that the 5 Recommendation of the Magistrate Judge be and is hereby ADOPTED, that Plf's complaint against the State of Alabama is DISMISSED pursuant to 28 USC § 1915(e)(2)(B)(i) and (iii), the State of Alabama is DISMISSED as a dft in this cause of action, the Plf's regarding alleged violations of other inmate's constitutional rights are DISMISSED with prejudice under 28 USC § 1915(e)(2)(B)(ii), and that this case be referred back to the undersigned for additional proceedings with respect to the remaining claims for relief against Gary Hetzel. Signed by Honorable Judge Truman M. Hobbs on 3/5/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KEVIN BARFIELD, 185340, Plaintiff, v. STATE OF ALABAMA, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:11-cv-1114-TMH [wo] OPINION and ORDER On January 18, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 5). 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, that Plaintiff s complaint against the State of Alabama is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (iii), the State of Alabama is DISMISSED as a defendant in this cause of action, the Plaintiff s regarding alleged violations of other inmate s constitutional rights are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), and that this case be referred back to the undersigned for additional proceedings with respect to the remaining claims for relief against Gary Hetzel. DONE this 5th day of March, 2012. /s/ Truman M. Hobbs _____________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2