Harkless v. Toney et al

Filing 30

ORDER ADOPTING 28 REPORT AND RECOMMENDATION. Plaintiff's action is dismissed w/o prejudice for failure to state a claim upon which relief can be granted as set out.. Signed by Judge Callie V. S. Granade on 6/5/2012. (copy mailed to plaintiff and copy of R&R, Order and Judgment mailed to ADOC as directed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PHILLIP RAY HARKLESS, # 266580, : Plaintiff, : vs. : DEBORAH TONEY, et al., : Defendants. CIVIL ACTION 11-0530-CG-N : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objection 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. 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. 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, this Order adopting the Report and Recommendation, and the Judgment dismissing this action. DONE and ORDERED this 5th day of June, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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