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)

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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

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