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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID McDONALD, AIS # 252206,
Plaintiff,
vs.
OFFICER NEAL,
Defendant.

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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