Elmore v. Department of Corrections, et al (INMATE 1), No. 2:2012cv00796 - Document 15 (M.D. Ala. 2012)

Court Description: OPINION and ORDER ORDERING and ADJUDGING as follows: (1) the 12 report and recommendation of the Mag Judge is ADOPTED; (2) the plaintiff's claims against the Alabama Department of Corrections be and are hereby DISMISSED with prejudice in acco rdance with the directives of 28 U.S.C. 1915(e)(2)(B)(i), and the Alabama Department of Corrections be and is hereby DISMISSED as a defendant in this action; (3) this case, with respect to the allegations set forth against the remaining defendants, be and is hereby referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/2/12. (Attachments: # 1 civil appeals checklist)(djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WILLIAM ELMORE, III, #129236, Plaintiff, v. JOHN WILLIAMS, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 2:12cv796-TMH (WO) OPINION and ORDER On October 4, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 12). 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 in accordance with the directives of 28 U.S.C. ยง 1915(e)(2)(B)(i), and the Alabama Department of Corrections be and is hereby DISMISSED as a defendant in this action; 3. This case, with respect to the allegations set forth against the remaining defendants, be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings. Done this the 2nd day of November 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE