McDonald v. Neal

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. This action is DISMISSED, prior to service of process, as set out. Signed by Judge Callie V. S. Granade on 12/9/2013. (copy mailed to Plf on 12/9/13) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVID McDONALD, AIS # 252206, Plaintiff, vs. OFFICER NEAL, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 13-0128-CG-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) is ADOPTED as the opinion of this Court. It is ORDERED that action be and is hereby DISMISSED, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), with the damages claims being dismissed without prejudice for failure to state a claim upon which relief can be granted and the injunctive relief claims being dismissed with prejudice as frivolous. DONE and ORDERED this 9th day of December, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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