Mays v. Myers et al

Filing 9

ORDER ADOPTING the 7 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be DISMISSED without prejudice because Plaintiff's claims are either frivolous or fail to state a claim upon which relief may be granted. Signed by Chief Judge William H. Steele on 6/21/2011. Copy mailed to Plaintiff. Copies mailed to ADOC as directed. (tgw)

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

ROBERT THOMAS MAYS, #245344,

:

Plaintiff,

:

vs.

:

WALTER MYERS, et al.,

:

Defendants.

CIVIL ACTION 10-00576-WS-B

:

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 Report and Recommendation
to which objection is made, 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 pursuant to 28 U.S.C. '
1915(e)(2)(B)(i) and (ii) because Plaintiff=s claims are either
frivolous or fail 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 21st day of June, 2011.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE