Skipper v. Boyd, et al (INMATE 2), No. 2:2012cv00949 - Document 16 (M.D. Ala. 2013)

Court Description: OPINION AND ORDER directing that, upon an independent review of the file in this case and upon consideration of the 11 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the 11 Recommendation of the Magistrate Judge be and is hereby ADOPTED; the Plaintiff's claims against Defendants Boyd and Billups are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)(ii); Defendants Boyd and Billups are DISMISSED as parties to this cause of action, and the Plaintiff's claims against the remaining defendants are referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 2/6/13. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JESSE WAYNE SKIPPER, II, #274558, Plaintiff, v. LOUIS BOYD, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:12-cv-949-TMH [wo] OPINION and ORDER On December 17, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. 11). 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. The Plaintiff s claims against Defendants Boyd and Billups are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i)(ii). Defendants Boyd and Billups are DISMISSED as parties to this cause of action, and the Plaintiff s claims against the remaining defendants are referred back to the Magistrate Judge for additional proceedings. DONE this the 6th day of February, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE