Carey v. Jones, et al. (INMATE 2), No. 2:2013cv00799 - Document 33 (M.D. Ala. 2017)

Court Description: OPINION and ORDER ADOPTING 32 REPORT AND RECOMMENDATION of the Magistrate Judge, and this case be and is hereby DISMISSED as follows: (1) defs' 18 Motion for Summary Judgment is GRANTED; (2) plf's complaint against def Mail Room Supervisor is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); (3) this case is DISMISSED with prejudice; (4) costs are taxed against plf. Signed by Honorable Judge W. Harold Albritton, III on 2/10/17. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CARLOS CAREY, #245 045, ) ) ) ) ) ) ) ) ) Plaintiff, v. WARDEN JONES, et al., Defendants. CIVIL ACTION NO. 2:13-CV-799-WHA [WO] OPINION and ORDER On January 18, 2017, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. Doc. 32. Upon an independent review of the file 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, and this case be and is hereby DISMISSED as follows: 1. Defendants’ motion for summary judgment (Doc. 18) is GRANTED; 2. Plaintiff’s complaint against Defendant Mail Room Supervisor is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); 3. This case is DISMISSED prejudice; 4. Costs are taxed against Plaintiff. Final Judgment will be entered accordingly. Done, this 10th day of February, 2017. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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