Perkins v. Byrne et al

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS re 4 Complaint filed by Robert Perkins. This action is dismissed without prejudice, prior to service, for failure to state a claim.. Signed by Judge Kristi K. DuBose on 10/9/2012. (copy mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ROBERT PERKINS, #05135-003,

:

Plaintiff,

:

vs.

:

ARTHUR BYRNE, et al.,

:

Defendants.

CIVIL ACTION 11-0212-KD-N

:

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.
Accordingly, 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.
DONE this 9th day of October, 2012.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE