Opinion
CASE NO. 1:12-cv-0687-TMH
09-14-2012
KENNETH W. DAVIDSON, #274925, Plaintiff, v. ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants.
WO
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:
1. The petitioner's objection (Doc. #12) to the Recommendation of the Magistrate Judge filed on September 7, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #9) filed on August 27, 2012 is adopted;
3. Plaintiff's claims against the Alabama Department of Corrections is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i).
4. The Alabama Department of Corrections is DISMISSED as a party to this complaint.
5. This case with respect to the remaining defendants is referred back to the Magistrate Judge for additional proceedings.
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TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE