Henderson v. State of Alabama

Filing 44

ORDER ADOPTING 43 REPORT AND RECOMMENDATION. This action is DISMISSED w/prejudice, because Plf's claims are either frivolous or fail to state a claim upon which relief can be granted. The Clerk is DIRECTED to send a copy of the R&R, Order adopting the R&R, & the Judgment to the Commissioner of the ADOC. Signed by Chief Judge Callie V. S. Granade on 9/12/08. (copy mailed to Plf on 9/15/08) (tot)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DARRELL TYRONE HENDERSON, AIS # 250606, Plaintiff, vs. STATE OF ALABAMA, et al., Defendants. : : : : : 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 with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(I) and (ii) because Plaintiff's claims in this action are either frivolous or fail to state a claim upon which relief may be granted. 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, this Order adopting the Report and Recommendation, and the Judgment dismissing this action. DONE and ORDERED this 12th day of September, 2008. CIVIL ACTION 07-00167-CG-B /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?