Russell-El v. Culliver et al

Filing 13

ORDER ADOPTING the 7 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be and is hereby DISMISSED with prejudice, prior to service of process, for failure to state a claim upon which relief may be granted. Signed by Chief Judge William H. Steele on 5/6/10. Copy mailed to plaintiff & ADOC. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONTA RUSSELL-EL, # 192899, Plaintiff, vs. WARDEN CULLIVER, 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, 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. 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 6th day of May, 2010. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 09-0120-WS-N