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)

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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

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