Hosey v. Williams (INMATE 1), No. 2:2012cv00959 - Document 6 (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 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: (1) The 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED; (2) The plaintiff's due process claim challenging the lack of a prison grievance procedure be and is hereby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); (3) This case be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings on the plaintiff's remaining claims for relief. Signed by Honorable Judge Truman M. Hobbs on 1/22/13. (scn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ERIC HOSEY, # 193503, ) ) ) ) ) ) ) ) ) Plaintiff, v. ALTHEA WILLIAMS, Defendants. CIV. ACT. NO. 2:12cv959-TMH (WO) OPINION and ORDER On December 12, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). 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 due process claim challenging the lack of a prison grievance procedure be and is hereby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(ii); 3. This case be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings on the plaintiff s remaining claims for relief. Done this the 22nd day of January, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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