Harrison v. Myers et al

Filing 17

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS re 12 Amended Complaint and 1 Complaint filed by Stacy Harrison, recommending that this action be dismissed with prejudice, prior to service, for failure to state a claim upon which relief may be gra nted. 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. Signed by Judge Kristi K. DuBose on 7/27/2011. (clr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
STACY HARRISON,
Plaintiff,
v.
WALTER MYERS, et al.,
Defendants.

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CIVIL ACTION NO. 10-00566-KD-N

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the recommendation to which
objection is made, the Report and Recommendation of the Magistrate Judge made under 28
U.S.C. § 636(b)(1)(B) and dated July 13, 2011, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that this action be dismissed with 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 this 27th day of July, 2011.

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