Goggins v. Lee County Detention Center et al (INMATE 2), No. 3:2013cv00119 - Document 8 (M.D. Ala. 2013)

Court Description: ORDER AND OPINION directing that, upon an independent review of the file in this case and upon consideration of the 5 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereb y ADOPTED and that: (1) Plaintiff's claims against the Lee County Detention Center are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); (2) The Lee County Detention Center is D ISMISSED as a party to this complaint; and (3) This case with respect to the remaining defendants be referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 4/22/13. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION BRYAN KEEFE GOGGINS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. LEE COUNTY DETENTION CENTER, et al., Defendants. CIVIL ACTION NO. 3:13cv119-TMH ORDER AND OPINION On March 6, 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 and that: 1. Plaintiff's claims against the Lee County Detention Center are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(I); 2. The Lee County Detention Center is DISMISSED as a party to this complaint; and 3. This case with respect to the remaining defendants be referred back to the Magistrate Judge for additional proceedings. Done this 22nd day of April, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE