Sturdivant v. Lovette
ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 9 10 Second Amended Complaints filed by Tommy Sturdivant. This action is dismissed without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) because plaintiffs claims are frivolous, as further set out. Signed by Judge Kristi K. DuBose on 9/24/2013. (copy to plaintiff) (cmj)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
TOMMY STURDIVANT, #148248,
JAMES LOVETTE, et al.,
CIVIL ACTION 13-0188-KD-N
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)(A) is ADOPTED as the opinion of this Court. Accordingly, it is
ORDERED that this action be and is hereby DISMISSED without prejudice as frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of
Corrections a copy of the report and recommendation recommending the dismissal of this action,
this order adopting the report and recommendation, and the judgment dismissing this action.
DONE this 24th day of September 2013.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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