Hess v. State of Alabama

Filing 11

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Raymond Floyd Hess. This action is dismissed, without prejudice, prior to service of process, as frivolous and for failure to state a claim. Signed by Judge Kristi K. DuBose on 10/1/2012. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RAYMOND FLOYD HESS(AIS#209976), Plaintiff, vs. STATE OF ALABAMA, Defendant. : : : : : : : CIVIL ACTION 12-00335-KD-M ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) and dated July 26, 2012 is ADOPTED as the opinion of this Court. It is ORDERED that the Plaintiff’s Complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) as frivolous and for failure to state a claim upon which relief may be granted. DONE and ORDERED this the 1st day of October 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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