Hudson v. Abston et al

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATION & DISMISSING this action w/prejudice, prior to service of process, for failure to state a claim upon which relief may be granted as set out. The Clerk is DIRECTED to send a copy of the R&R, this Order & the Judgment to the Commissioner of ADOC. Signed by Judge Callie V. S. Granade on 7/28/10. (copy mailed to Plf & to the Commissioner of ADOC on 7/28/10) (tot)

Hudson v. Abston et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GERALD HUNDSON, #224330, Plaintiff, vs. FAMOUS ABSTON, 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 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 Commission 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 Recommnedation, and the Judgment dismissing this action. DONE and ORDERED this 28th day of July, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE CIVIL ACTION 09-0721-CG-N

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