District Court, M.D. Alabama November 24, 1987, Civ. A. No. 87V-700-E (Avery v. Payne)

ORDER

VARNER, District Judge.

No objections having been made to the Recommendation of the Magistrate filed herein October 28, 1987, and upon an independent evaluation of this matter, it is

ORDERED by this Court (1) that the Recommendation of the Magistrate is hereby adopted by this Court; (2) that Defendants’ motion to dismiss filed herein September 8, 1987, is hereby denied; and (3) that this