Phelps v. Campbell

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Lloyd B. Phelps that this action be dismissed with prejudice as frivolous, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).. Signed by Senior Judge Charles R. Butler, Jr on 7/16/2012. (adk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LLOYD B. PHELPS, AIS # 123774, Plaintiff, : : vs. : JODY WISE CAMPBELL, et al., : Defendants. CIVIL ACTION 11-0454-CB-C : 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. It is ORDERED that this action be and is hereby DISMISSED with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the report and recommendation recommending the dismissal of this action, of this order adopting the report and recommendation, and of the judgment dismissing this action. DONE this 16th day of July, 2012. s/Charles R. Butler, Jr. SENIOR UNITED STATES DISTRICT JUDGE

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