Sturdivant v. Lovette

Filing 14

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TOMMY STURDIVANT, #148248, Plaintiff, : : vs. : JAMES LOVETTE, et al., : Defendants. CIVIL ACTION 13-0188-KD-N : 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 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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