Kelley v. City of Prichard, Alabama Police Department et al

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS re 1 Complaint & 4 Complaint filed by Ronald Lenard Kelley stating the Court concludes that these claims are barred by the two-year statute of limitations for a § 1983 action and are due to be dismissed as frivolous with prejudice, prior to service of process, pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Signed by Judge Kristi K. DuBose on 10/13/2011. copies to plf and copies to ADOC as directed. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RONALD LENARD KELLEY #269481, Plaintiff, v. CITY OF PRICHARD, et al., Defendants. ) ) ) ) ) ) ) CIVIL ACTION NO. 10-00615-KD-M 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) and dated September 19, 2011 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED with prejudice as frivolous pursuant to 28 U.S.C. ' 1915(e)(2)(B)(i). The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the Report and Recommendation, of this Order adopting the Report and Recommendation, and of the Judgment. DONE and ORDERED this the 13th day of October 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1

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