Blakely v. Johnston et al

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATION. This action is DISMISSED w/prejudice as set out. The Clerk is DIRECTED to send a copy of the R&R, the Order adopting R&R, & the Judgment to the Commissioner of ADOC. Signed by Judge Callie V. S. Granade on 10/25/10. (copy mailed to Plf & to the Commissioner of ADOC on 10/26/10) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LORENZO EDWARD BLAKELY, AIS # 169084, Plaintiff, vs. JOSEPH JOHNSTON, et al., Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION 10-0026-CG-N

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 pursuant to 28 U.S.C. ' 1915(e)(2)(B)(i) and (ii) because plaintiff=s claims are either frivolous or fail to state a claim upon which relief can 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 25th day of October, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE