Oliver v. Patterson et al

Filing 19

ORDER ADOPTING the 16 REPORT AND RECOMMENDATIONS. It is ORDERED that Plaintiffs complaint be and is hereby DISMISSED without prejudice. Signed by Chief Judge William H. Steele on 3/21/2012. Copy mailed to Plaintiff. Copy of Order, Judgment and R&R mailed to ADOC as directed. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL DARNELL OLIVER
(AIS #207467)

:
:

Plaintiff,
vs.

:

TONY PATTERSON, et al.,

CIVIL ACTION 11-00509-WS-M

:

Defendants.
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 Plaintiff’s complaint be and is hereby

DISMISSED without prejudice pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii), for failure to state a claim upon which relief
may be granted.
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 21st day of March, 2012.
s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE