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)

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.

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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