Johnson v. Patterson et al

Filing 26

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS re 5 Complaint filed by Jon Johnson. This action is dismissed with prejudice, prior to service of process, pursuant to 28 USC 1915 because claims are either frivolous or fail to state a claim upon which relief can be granted. Signed by Judge Kristi K. DuBose on 9/23/2014. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JON JOHNSON, #179845, Plaintiff, vs. TONY PATTERSON, et al., Defendants. * * * * * * * CIVIL ACTION NO. 13-00221-KD-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge dated June 20, 2014 and made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) because Plaintiff Johnson’s claims are either frivolous or fail to state a claim upon which relief can be granted. DONE and ORDERED this the 23rd day of September 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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