McClellan v. State of Alabama (INMATE 1)

Filing 7

ORDER directing as follows: (1) Plf's 5 objection be and the same is hereby OVERRULED; (2) the 4 REPORT AND RECOMMENDATION of the Mag Judge be and the same is ADOPTED, APPROVED and AFFIRMED; (3) this case be and the same is hereby DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). Signed by Chief Judge William Keith Watkins on 8/5/11. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JEFFREY ALLEN McCLELLAN,
Plaintiff,
v.
STATE OF ALABAMA
Defendant.

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2:11-CV-466-ID
(WO)

ORDER
Before the court are the Recommendation of the Magistrate Judge, (Doc. #4), and
Plaintiff’s Objection, (Doc. #5). Having conducted a de novo determination of those
portions of the Recommendation to which objections are made, it is CONSIDERED and
ORDERED as follows:
1.

Plaintiff’s Objection (Doc. #5) be and the same is hereby OVERRULED;

2.

The Recommendation of the Magistrate Judge (Doc. #4) be and the same is
hereby ADOPTED, APPROVED and AFFIRMED;

3.

This case be and the same is hereby DISMISSED with prejudice prior to
service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i) and (ii).

DONE this the 5th day of August, 2011
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE