Wilson v. Petise et al

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS re 5 Complaint filed by Patrick Wilson. Copy to Plaintiff by mail. Signed by Judge Kristi K. DuBose on 6/27/2014. (adk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PATRICK WILSON, AIS #281910, Plaintiff, v. CAPTAIN JOE PETISE, et al., Defendants. ) ) ) ) ) ) ) ) CIVIL ACTION NO. 13-00133-KD-C 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 (Doc. 8) to which objection (Doc. 9) is made, the Report and Recommendation (Doc. 8) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated June 10, 2014, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice as malicious and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Final judgment in accordance with this Order and Federal Rule of Civil Procedure 58 shall issue by separate document. DONE and ORDERED this the 27th day of June 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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