Toney v. Fuqua

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATION. This action is DISMISSED w/o prejudice for failure to state a claim upon which relief can be granted & because it is frivolous pursuant to 28 U.S.C. Sec. 1915(e)(2)(B)(i) and (ii). The Clerk is DIRECTED to send to the Commissioner of ADOC a copy of the R&R, this Order adopting the R&R, & the Judgment as set out. Signed by Chief Judge Callie V. S. Granade on 5/20/09. (copy mailed to Plf on 5/21/09) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KENNETH TONEY, AIS #208227, Plaintiff, vs. LT. FUQUA, Defendant. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that this action be and is hereby DISMISSED without prejudice for failure to state a claim upon which relief can be granted and because it frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii). The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the Report and Recommendation recommending the dismissal of this action as for failure to state a claim upon which relief can be granted, and as frivolous, of this Order adopting the Report and Recommendation, and of the Judgment dismissing this action for failure to state a claim upon which relief can be granted, and as frivolous. DONE and ORDERED this 20th day of May, 2009. CIVIL ACTION 07-00079-CG-B /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

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