Lee v. Mills et al (INMATE2)

Filing 34

ORDER: The court finds the 32 Objection to be without merit, and it is hereby OVERRULED. The court ADOPTS the 30 Recommendation of the Magistrate Judge, and it is hereby ORDERED that this case is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(A), and that this dismissal qualifies as a strike for purposes of 28 U.S.C. § 1915(g). Signed by Honorable W. Harold Albritton, III on 1/20/2010. (dmn)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION RASHAD C. LEE, #213 823, Plaintiff, vs. KELLI MILLS, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv602-WHA (WO)

ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #30), filed on December 16, 2009, and the Plaintiff's Objection filed on January 4, 2010 (mailed from prison on December 30, 2009). Upon an independent evaluation and de novo review of this matter, the court finds the objection to be without merit, and it is hereby OVERRULED. The court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED that this case is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(A), and that this dismissal qualifies as a "strike" for purposes of 28 U.S.C. § 1915(g). DONE this 20th day January, 2010.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE