Mabien v. Riley et al

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATION. The federal claims are DISMISSED w/prejudice, prior to service of process, for failure to state a claim upon which relief may be granted, & the state-law claims are DISMISSED w/o prejudice. Signed by Chief Judge Callie V. S. Granade on 12/1/09. (copy mailed to Plf on 12/3/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JESSIE MABIEN, III, # 213897, Plaintiff, vs. BOB RILEY, 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 the federal claims be and are hereby DISMISSED with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. It is further ORDERED that the state-law claims be and are hereby DISMISSED without prejudice. DONE and ORDERED this 1st day of December, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 08-00728-CG-B