Back v. Kittrell et al

Filing 26

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Frank Lee Back, recommending this action be dismissed with prejudice as frivolous, prior to service of process because plaintiff's claims are either frivolous or fail to state a claim. Signed by Judge Kristi K. DuBose on 12/16/08. (copy to plaintiff and ADOC w/ R&R and Judgment) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FRANK LEE BACK, AIS # 147599, Plaintiff, vs. BRAXTON KITTRELL, et al., Defendants. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, 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 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 this 16th day of December, 2008. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 07-0638-KD-M