Opinion
CIV. ACT. NO. 2:12cv114-TMH (WO)
04-13-2012
OPINION and ORDER
On March 20, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 16). 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 as follows that:
1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED;
2. The plaintiff's claims against the Alabama Department of Corrections be and are hereby DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i);
3. The Alabama Department of Corrections be and is hereby DISMISSED as a defendant in this cause of action; and
4. This case with respect to the allegations set forth against defendants Ellington and Smith be and is hereby REFERRED BACK to the Magistrate Judge for further proceedings.
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TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE