Body v. Thornton et al

Filing 9

ORDER ADOPTING 6 REPORT AND RECOMMENDATION. This action is DISMISSED w/o prejudice, prior to serve of process, for failure to state a claim upon which relief can be granted as set out. Signed by Judge Callie V. S. Granade on 5/7/2013. (copy mailed to Plf on 5/8/13) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TAVARIS BODY, # 11855-003

:

Plaintiff,

:

vs.

:

JOHNNIE THORNTON, et al.,

:

Defendants.

CIVIL ACTION 12-0344-CG-N

:
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
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.
DONE this 7th day of May, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE