Richardson v. Monroe County Commission, et al

Filing 27

ORDER ADOPTING the 23 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be and is hereby DISMISSED without 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 8/25/2011. Copy mailed to Plaintiff & ADOC. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

LISTON RICHARDSON, AIS # 167224,

:

Plaintiff,

:

vs.

:

TOMMY TATE, et al.,

:

Defendants.

CIVIL ACTION 09-0136-WS-C

:

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 this action be and is hereby DISMISSED without 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 25th day of August, 2011.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE