Williams v. Taylor et al

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS re 19 Amended Complaint filed by Darrell Williams, recommending Plaintiff's claims against Defendant Kousa be dismissed without prejudice, prior to service, for failure to state a claim upon which relief may be granted. The claims against Defendants Banks, Doe, Taylor, Morgan, Gilheart, Cummerlander and Kant will proceed. Signed by Judge Kristi K. DuBose on 5/18/2010. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DARRELL WILLIAMS, Plaintiff, vs. BENJAMIN TAYLOR, et al., Defendants. : : : : : : :

CIVIL ACTION 08-00433-KD-N

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) and dated April 23, 2010 is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff's claims against Defendant Kousa are DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), as frivolous, and pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted. The claims against Defendants Banks, Doe, Taylor, Morgan, Gilheart, Cummerlander, and Kant, as alleged in Plaintiff's Amended Complaint (Doc. 19), will proceed. DONE and ORDERED this the 18th day of May 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE