Araiza v. Elmore County Comm

Full title: CODY ALLEN ARAIZA, Plaintiff, v. ELMORE COUNTY COMM., et al., Defendants

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Mar 25, 2010

CASE NO. 2:10-cv-163-ID (M.D. Ala. Mar. 25, 2010)

Opinion

CASE NO. 2:10-cv-163-ID.

March 25, 2010

ORDER

IRA DeMENT, District Judge

On March 1, 2010, the Magistrate Judge entered a Recommendation (Doc. No. 4) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is

ORDERED that the RECOMMENDATION be and the same is hereby ADOPTED.

It is further ORDERED as follows:

a. Plaintiff's claims against the Elmore County Commission are DISMISSED with prejudice, prior to service of process, pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii);

b. The Elmore County Commission is DISMISSED as a defendant to this cause of action; and

c. This case, with respect to Plaintiff's claims against the remaining defendants, is REFERRED back to the Magistrate Judge for appropriate proceedings.