Opinion
CIVIL ACTION NO. 5:10-CV-294 (MTT).
September 29, 2010
ORDER
This matter is before the court on the Order and Recommendation (Doc. 4) of United States Magistrate Judge Claude W. Hicks, Jr. The Magistrate Judge recommends dismissing Defendant Kenneth Vaughn from the action because the Plaintiff's complaint makes no allegations against Defendant Vaughn. Further, construing the Plaintiff's complaint liberally in favor of the Plaintiff, the Magistrate Judge will allow the Plaintiff's claims against Defendants Captain Larry Jackson and Sheriff Billy W. Cape to go forward, and he has ordered service be made upon those Defendants. The Plaintiff did not file an objection to the Order and Recommendation. The Court has reviewed the Order and Recommendation, and the Order and Recommendation is adopted and made the order of this Court. Defendant Kenneth Vaughn is DISMISSED from the action, and service is to be made upon Defendants Captain Larry Jackson and Sheriff Billy W. Cape. SO ORDERED.