Gardner v. County of Baldwin et al

Filing 73

ORDER ADOPTING 69 REPORT AND RECOMMENDATION. Dft Baldwin County Commission is dismissed w/prejudice, prior to service of process, as set out. Signed by Judge Callie V. S. Granade on 5/29/2014. (copy mailed to Plf on 5/29/14) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONALD E. GARDNER, III, #283161, Plaintiff, vs. COUNTY OF BALDWIN, et al., Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0639-CG-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issue 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) is ADOPTED as the opinion of this Court. It is ORDERED that Defendant Baldwin County Commission be dismissed with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) because the claims against it are frivolous. DONE and ORDERED this 29th day of May, 2014. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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