Kennedy v. Murphree et al

Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Complaint recommending that Plaintiff's Motion to Proceed Without Prepayment of Fees (Doc. 2) be denied, and that this action be dismissed without prejudice. Signed by Judge Kristi K. DuBose on 6/14/2011. copies mailed. (sdb)

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

RICHARD DARON KENNEDY,
AIS #196984,

:

Plaintiff,

:

vs.

:

JO BETH MURPHREE, et al.,

:

Defendants.

CIVIL ACTION 11-00252-KD-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.
Accordingly,
hereby

DISMISSED

1915(g).

It

is

it

is

without
further

ORDERED

that

prejudice
ORDERED

this

action

pursuant

to

that

28

Plaintiff’s

be

and

is

U.S.C.
Motion

Proceed without Prepayment of Fees (doc. 2) is denied.
DONE this 14th day of June, 2011.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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to