Smith v. King et al

Filing 20

ORDER ADOPTING 18 REPORT AND RECOMMENDATION as the opinion of this Court. It is ORDERED that this action be and is hereby DISMISSED with prejudice prior toservice of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) because the plaintiff's claims either fail to state a claim upon which relief can be granted or are frivolous. Signed by Chief Judge Callie V. S. Granade on 06/09/2009. (copy to ptlf & Comm of ADOC as directed.) (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDREW JACKSON SMITH, AIS# 228252, Plaintiff, vs. TROY KING, et al., Defendants. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues 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 prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) because the plaintiff's claims either fail to state a claim upon which relief can be granted or are frivolous. The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the Report and Recommendation, of this Order adopting the Report and Recommendation, and of the Judgment. DONE and ORDERED this 9th day of June, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 07-0268-CG-B