Taylor v. Gandy et al
ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS recommending that (1) Defendants Sgt. Bonner, Sgt. Jackson, Lt. Ruffin, and Officer Debose be dismissed without prejudice because venue is lacking over the claims against them; and that (2) Plaintiff's second, third, fifth, and sixth claims be dismissed with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) because they are frivolous. Signed by Judge Kristi K. DuBose on 7/15/2011. copies to parties. (sdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
GLENN TAYLOR, AIS #127254,
LT. GANDY, et al.,
CIVIL ACTION NO. 11-00027-KD-B
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 June 23, 2011 is hereby
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendants Sgt. Bonner, Sgt. Jackson, Lt. Ruffin, and
Officer Debose are herby DISMISSED WITHOUT PREJUDICE for lack of venue; and that
the Plaintiff’s Second, Third, Fifth, and Sixth claims are DISMISSED WITH PREJUDICE,
prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous, thereby
effectively dismissing with prejudice Defendant Allen.
DONE and ORDERED this the 15th day of July 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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