Barnett v. Lightner

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. This action is DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. The Clerk is DIRECTED to send to the Commissioner of ADOC a copy of the R&R, this order, & the judgment. Signed by Judge Callie V. S. Granade on 7/15/2014. (copy mailed to Plf on 7/15/14; copy mailed to Commissioner of ADOC w/R&R & Judgment on 7/15/14) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM D. BARNETT, # 149264
Plaintiff,
vs.
GWENDOLYN LIGHTNER, et al.,
Defendants.

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CIVIL ACTION NO. 13-0482-CG-C

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 made under 28 U.S.C. § 636(b)(1)(B) is
ADOPTED as the opinion of this Court. It is ORDERED that this action be and is
hereby DISMISSED without prejudice, prior to service of process, pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be
granted.
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, of this order adopting the report and recommendation,
and of the judgment dismissing this action.
DONE and ORDERED this 15th day of July, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE