Davis v. Jones et al (INMATE1), No. 3:2010cv00393 - Document 14 (M.D. Ala. 2010)

Court Description: OPINION AND ORDER; 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The plaintiff's claims against Judge Kenneth Wilkes be and are hereby DISMISSED with prejudice prior to service of process in accordance with the direc tives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); 3. Judge Kenneth Wilkes be and is hereby DISMISSED as a defendant in this cause of action; and 4. The plaintiff's claims against the remaining defendants be and are hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 7/29/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )
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Davis v. Jones et al (INMATE1) Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ROBERT LOUIS DAVIS, ) ) ) ) ) CIVIL ACTION NO. 3:10cv393-ID ) (WO) ) ) ) Plaintiff, v. JAY JONES, et al., Defendants. OPINION and ORDER On July 8, 2010, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 6). 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 claims against Judge Kenneth Wilkes be and are hereby DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. ยง 1915(e)(2)(B)(i) and (iii); 3. Judge Kenneth Wilkes be and is hereby DISMISSED as a defendant in this cause of action; and 4. The plaintiff s claims against the remaining defendants be and are hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Done this 29th day of July, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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