Opinion
CIVIL ACTION NO. 5:10-CV-1 (MTT).
August 11, 2010
ORDER
This case is before the Court on the Recommendation to Dismiss (Doc. 5) (the "Recommendation") of United States Magistrate Judge Claude W. Hicks, Jr. The Magistrate Judge, having reviewed the Plaintiff's Complaint (Doc. 1) pursuant to the Prisoner Litigation Reform Act, 28 U.S.C. § 1915A(a) (b), recommends dismissing the action against Mr. Brown because the Plaintiff's claim of failure to process an informal grievance is not actionable. The Magistrate Judge recommends dismissing the action against Mrs. Malone because she is not vicariously liable for the actions of her employees. The Plaintiff did not file an objection to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Plaintiff's claims against Mr. Brown and Mrs. Malone are dismissed. The Plaintiff's claims against Officer Nopen and Mr. Smith shall remain pending.
SO ORDERED.