Skipper v. Lee County Sheriff Dept et al (INMATE 2), No. 3:2012cv00648 - Document 27 (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 23 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the 23 Recommendation of the Magistrate Judge be and is hereby ADOPTED; the Plaintiff's claims against the Lee County Sheriff's Department are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); the Lee County Sheriff's Depa rtment is DISMISSED as a party to this cause of action, and the Plaintiff's claims against the remaining defendants is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 2/6/13. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JESSE WAYNE SKIPPER, II, #274558, Plaintiff, v. LEE COUNTY SHERIFF DEPARTMENT, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 3:12-cv-648-TMH [wo] OPINION and ORDER On December 17, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. 23). 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. The Plaintiff s claims against the Lee County Sheriff s Department are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(I). The Lee County Sheriff s Department is DISMISSED as a party to this cause of action, and the Plaintiff s claims against the remaining defendants is referred back to the Magistrate Judge for additional proceedings. DONE this the 6th day of February, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE