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)

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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 ' to

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