Daughtry v. Moore et al

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS re 5 Complaint filed by LeAndrew Daughtry be dismissed without prejudice, prior to service of process, for failure to state a claim upon which relief can be granted. The Clerk is to send a copy of the R&R, Order and Judgment to the ADOC.. Signed by Judge Kristi K. DuBose on 4/24/09. (copy to plaintiff and copies to ADOC) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LEANDREW DAUGHTRY, Plaintiff, vs. SHERIFF BOBBY MOORE, Defendant. : : : : : 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 Plaintiff's complaint be and is hereby DISMISSED without prejudice. 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, of this Order adopting the Report and Recommendation, and of the Judgment dismissing this action. DONE this 24th day of April 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 08-00215-KD-C

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