Lee v. Myers et al

Filing 21

JUDGMENT 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 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; emailed to finance. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

RASHAD LEE, #213823,

:

Plaintiff,

:

vs.

:

DEBORAH TONEY, et al.,

:

Defendants.

CIVIL ACTION 10-0396-KD-M

:
JUDGMENT

It is ORDERED, ADJUDGED, and DECREED 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 the dismissal
of this action count as a strike for the purpose of 28 U.S.C.
§ 1915(g) because it is malicious.
DONE this 12th day of September, 2011.

s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT COURT