Rodgers v. Lovette et al
ORDER ADOPTING 17 REPORT AND RECOMMENDATION as set out. The claims against Dft State of Alabama are DISMISSED w/prejudice as frivolous as set out; the claims against Dft Lovette are DISMISSED w/o prejudice for failure to state a claim upon which r elief can be granted as set out; & supplemental jurisdiction is DECLINED. This action is DISMISSED in its entirety. The Clerk is DIRECTED to send a copy of the R&R, this order, & the judgment to the Commissioner of the ADOC. Signed by Judge Callie V. S. Granade on 7/19/2011. (copy mailed to Plf on 7/20/11; copy to Commissioner of ADOC w/R&R & Judgment on 7/20/11) (tot)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SHERRY T. RODGERS, #263022,
SHERIFF JAMES LOVETTE,
CIVIL ACTION 10-0279-CG-N
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 the claims against defendant State of Alabama be and are hereby
DISMISSED with prejudice as frivolous pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i), that the claims against defendant Lovette be and are
hereby DISMISSED without prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be
granted, and that supplemental jurisdiction be and is hereby DECLINED.
Accordingly, it is ORDERED that this action be and is hereby DISMISSED
in its entirety.
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 this 19th day of July, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?