Williams v. Valaer et al

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATION, and dismissing case without prejudice. Signed by Judge Callie V. S. Granade on 4/20/2012. (copy to ADOC as directed) (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL WILLIAMS, #113338, Plaintiff, : : vs. : ALLEN K. VALAER, et al., : Defendants. CIVIL ACTION 10-0575-CG-C : 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 April, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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