Reese v. Oliver, et al

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. ' 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. Signed by Judge Kristi K. DuBose on 7/20/2011. copy to plf and copies mailed to ADOC as directed. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FRANK REESE, JR. , #148155-112963, Plaintiff, : : vs. : TREY OLIVER, et al., : Defendants. CIVIL ACTION 10-0452-KD-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 without prejudice, prior to service of process, pursuant to 28 U.S.C. ' 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may 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 20th day of July, 2011. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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