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16-908 - Smith v. Bentley et al (INMATE 2)

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16-908 - Smith v. Bentley et al (INMATE 2)
March 16, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's § 1983 complaint against Defendant Bentley be DISMISSED under 28 U.S.C. 1915(e)(2)(B)(ii); 2. This case be referred to the undersigned for further proceedings. Objections to R&R due by 3/30/2017. Signed by Honorable Judge Gray M. Borden on 3/16/2017. (kh, )
April 11, 2017
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ORDERED as follows: 1. Plaintiff Melvin Smith's objection (Doc. # 11) is OVERRULED. 2. The Recommendation (Doc. # 10) is ADOPTED. 3. Plaintiff Melvin Smith's claims against Defendant Robert Bentley are DISMISSED without prejudice and prior to service, pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B). This dismissal is without prejudice to Plaintiff's filing a motion for leave to amend the complaint to assert claims against Defendant Bentley. 4. This case is REFERRED back to the Magistrate Judge for further proceedings on Plaintiff Melvin Smith's remaining claims. Signed by Chief Judge William Keith Watkins on 4/11/2017. (kh, )