Smith v. Babers et al (INMATE 1), No. 2:2013cv00373 - Document 16 (M.D. Ala. 2013)
Court Description: OPINION AND ORDER that the Recommendation of the Magistrate Judgebe and is hereby ADOPTED; that the Plaintiff's claims against the State of Alabama and the Alabama Department of Corrections are DISMISSED with prejudice prior to service of proce ss pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); that the State of Alabama and the Alabama Department of Corrections are DISMISSED as parties to this cause of action; and the Plaintiff's claims against the remaining defendants, Babers and Sconyers, is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 8/20/2013. (jg, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DYRON SMITH, #186977 ) ) ) ) ) ) ) ) ) Plaintiff, v. GWENDOLYN BABERS, et al., Defendants. CASE NO. 2:13-cv-373-TMH [wo] OPINION and ORDER On June 4, 2013, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. 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 the Plaintiff s claims against the State of Alabama and the Alabama Department of Corrections are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(I); that the State of Alabama and the Alabama Department of Corrections are DISMISSED as parties to this cause of action; and the Plaintiff s claims against the remaining defendants, Babers and Sconyers, is referred back to the Magistrate Judge for additional proceedings. Done this 20th day of August, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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