Sturdivant v. Hetzel

Filing 20

ORDER ADOPTING the 17 REPORT AND RECOMMENDATIONS. 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 can be granted. Signed by Chief Judge William H. Steele on 10/17/2014. Copy mailed to Plaintiff. Copy of Order, Judgment and R&R mailed to ADOC. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CEDRIC STURDIVANT, #214805, : Plaintiff, : vs. : GARY HETZEL, et al., : Defendants. CIVIL ACTION 13-0556-WS-N : 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 can 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, this order adopting the report and recommendation, and the judgment dismissing this action. DONE this 17th day of October, 2014. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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