Jones v. Culliver et al

Filing 37

ORDER ADOPTING 25 REPORT AND RECOMMENDATION. The claims against Dfts Culliver, Patterson, Folk & Hicks are dismissed w/o prejudice, prior to service of process, for failure to state a claim upon which relief can be granted; the claims against Dfts White, Thomas & Marks are dismissed w/o prejudice for lack of venue; & the request for a preliminary injunction is denied as moot. This action shall proceed in regard to the claims against the other Dfts. Signed by Judge Callie V. S. Granade on 8/23/10. (copy mailed to Plf on 8/24/10) (tot)

Jones v. Culliver et al

Doc. 37

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANTHONY N. JONES, #112734, Plaintiff, vs. GRANTT 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 the claims against Defendants Culliver, Patterson, Folk, and Hicks be 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 can be granted; that the claims against Defendants White, Thomas, and Marks be dismissed without prejudice for lack of venue; and that the request for a preliminary injunction be denied as moot. It is further ORDERED that this action proceed in regard to the claims against the other Defendants. DONE and ORDERED this 23rd day of August, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE CIVIL ACTION 09-0835-CG-M

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