Dixon v. CMS Medical et al

Filing 9

ORDER ADOPTING the 7 REPORT AND RECOMMENDATIONS. It is ordered that this action be and is hereby DISMISSED without prejudice and that the motion to proceed without prepayment of fees be and is hereby DENIED. Signed by Chief Judge William H. Steele on 2/23/10. Copy mailed to Plaintiff. (tgw)

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

LARRY C. DIXON, #138238, Plaintiff, vs. CMS MEDICAL, et al., Defendants.

: : : : : ORDER CIVIL ACTION 09-0811-WS-N

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 without prejudice pursuant to 28 U.S.C. § 1915(g) and that the motion to proceed without prepayment of fees be and is hereby DENIED. . DONE this 23rd day of February, 2010.

s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE