Howard v. McWater

Full title: DARON D. HOWARD, #159809, Plaintiff, v. DR. McWATER (a.k.a., DR…

Court: DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

Date published: Sep 18, 2012

CASE NO. 2:12-CV-692-TMH (M.D. Ala. Sep. 18, 2012)

Opinion

CASE NO. 2:12-CV-692-TMH

09-18-2012

DARON D. HOWARD, #159809, Plaintiff, v. DR. McWATER (a.k.a., DR. McWHORTER), et al., Defendants.

TRUMAN M. HOBBS

ORDER

The Magistrate Judge entered a Recommendation (Doc. 5) 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 finds that the Recommendation should be adopted. Accordingly, it is

ORDERED that:

1. The Recommendation (Doc. 5) of the Magistrate Judge is ADOPTED;

2. The plaintiff's claims against the Covington County Jail are dismissed with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i);

3. The plaintiff's claims against the unidentified county commissioner are dismissed with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii);

4. The Covington County Jail and county commissioner are dismissed as defendants in this cause of action; and

5. The plaintiff's claims against the remaining defendants are referred back to the Magistrate Judge for appropriate proceedings.

_____________

TRUMAN M. HOBBS

SENIOR UNITED STATES DISTRICT JUDGE