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)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FRANK REESE, JR. , #148155-112963,
Plaintiff,

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vs.

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TREY OLIVER, et al.,

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Defendants.

CIVIL ACTION 10-0452-KD-N

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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