McCollough v. McCoy et al (MAG+)

Filing 7

ORDERED that: 1. The Magistrate Judges Recommendation (Doc. # 6 ) is ADOPTED; 2. Plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. # 2 ) is GRANTED; 3. This case is DISMISSED without prejudice prior to service of process pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for Plaintiff's failure to state a claim upon which relief can be granted. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 10/19/2017. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JOHN TOM McCOLLOUGH, JR.,
Plaintiff,
v.
KYLE McCOY, et al.,
Defendants.

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CASE NO. 3:17-CV-411-WKW
[WO]

ORDER
On August 10, 2017, the Magistrate Judge filed a Recommendation (Doc. # 6)
to which no timely objections have been filed. Upon an independent review of the
record and upon consideration of the Recommendation, it is ORDERED that:
1.

The Magistrate Judge’s Recommendation (Doc. # 6) is ADOPTED;

2.

Plaintiff’s Motion for Leave to Proceed in forma pauperis (Doc. # 2) is
GRANTED;

3.

This case is DISMISSED without prejudice prior to service of process
pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for Plaintiff’s failure to state a
claim upon which relief can be granted.

A final judgment will be entered separately.
DONE this 19th day of October, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE