Lee v. Myers et al

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS re 4 Complaint filed by Rashad Lee that this action be dismissed with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(A) and Rules 11(b)and 41(b) of the Federal Rules of Civil Procedure, that the Court retain the partial filing fee of $28.00, and that the dismissal of this action count as a strike for the purpose of 28 U.S.C. § 1915(g) because it is malicious. Signed by Judge Kristi K. DuBose on 9/12/2011. copy mailed to plf and to ADOC as directed. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RASHAD LEE, #213823,

:

Plaintiff,

:

vs.

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DEBORAH TONEY, et al.,

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Defendants.

CIVIL ACTION 10-0396-KD-M

:
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, prior to service of process, pursuant to 28
U.S.C. § 1915(e)(2)(A) and Rules 11(b) and 41(b) of the Federal
Rules of Civil Procedure, that the Court retain the partial
filing fee of $28.00, and that the dismissal of this action
count as a strike for the purpose of 28 U.S.C. § 1915(g) because
it is malicious.
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, of
this Order adopting the Report and Recommendation, and of the
Judgment.
DONE this 12th day of September, 2011.
s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT COURT