Lindsay v. Brogden, et al

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Roger Howard Lindsay stating that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1), prior to service of process, because the claims are either frivolous or fail to state a claim upon which relief can be granted. Signed by Judge Kristi K. DuBose on 10/10/08. (srr)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROGER HOWARD LINDSAY, Plaintiff, vs. JUDGE JOSEPH B. BROGDEN, 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 without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) because plaintiff's claims are either frivolous or fail to state a claim upon which relief can be granted. DONE this 10th day of October, 2008. CIVIL ACTION 07-0426-KD-C

s / Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE