Fuller v. Nearer et al (INMATE 2), No. 2:2013cv00417 - Document 56 (M.D. Ala. 2014)
Court Description: OPINION AND ORDER: it is ORDERED and ADJUDGED that the 54 Recommendation of the Magistrate Judge be and is hereby ADOPTED; that the Plf's claims against Dfts Turner, Washington, and Phelps are DISMISSED pursuant to 28 USC § 1915(e)(2)(B)( ii); that these parties are DISMISSED as parties to this cause of action; and the Plf's claims against the remaining dfts are referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 7/8/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DAVID BOY FULLER, #147862 Plaintiff, v. LT. NEARER, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:13-cv-417-TMH [wo] OPINION and ORDER On May 23, 2014, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. 54). 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 Defendants Turner, Washington, and Phelps are DISMISSED pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii); that these parties 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. th DONE this the 8 day of July, 2014. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE
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