Scott v. Correctional Medical Services et al
ORDER ADOPTING 7 REPORT AND RECOMMENDATION. This action is DISMISSED w/prejudice, prior to service of process, for failure to state a claim upon which relief may be granted. The Clerk is DIRECTED to send to the Commissioner of ADOC a copy of the R&R, this Order & the Judgment dismissing this action. Signed by Chief Judge Callie V. S. Granade on 12/11/09. (copy mailed to Plf & to Commissioner of ADOC on 12/14/09) (tot)
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOE HENRY SCOTT, III, #258485, Plaintiff, vs. : : : CIVIL ACTION 09-0607-CG-N
CORRECTIONAL MEDICAL SERVICES, : 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 and ORDERED this 11th day of December, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE
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