Tate v. State of Alabama et al

Filing 9

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS re: 2 MOTION for class action status, 3 MOTION for Leave to Proceed in forma pauperis MOTION to Appoint Counsel filed by Marcus Tate & 4 MOTION to Quash filed by Marcus Tate stating Motions 2 & 4 are MOOT and Motion 3 is DENIED. Also, it is recommended that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). Signed by Judge Kristi K. DuBose on 8/4/2010. (copy to plaintiff) (cmj)

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Tate v. State of Alabama et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARCUS TATE, a/k/a/ MARCUS TAITE, a/k/a DRELIJAH MUHAMMAD, AIS # 180664, Plaintiff, : vs. : STATE OF ALABAMA, 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) and dated July 21, 2010, is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff=s action be and is hereby DISMISSED without prejudice pursuant to 28 U.S.C. ' 1915(g). DONE and ORDERED this the 4th day of August 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE : : : CIVIL ACTION 10-00257-KD-M Dockets.Justia.com

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