Banks v. Graddick et al

Filing 15

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS re 4 Complaint filed by Bobby Lee Banks dismissing this action with prejudice, prior to service, pursuant to 28 USC 1915 because plaintiff's claims are either frivolous or fail to state a claim upon which relief may be granted. Signed by Judge Kristi K. DuBose on 2/10/2015. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BOBBY LEE BANKS, AIS #119507
Plaintiff,
v.
CHARLES A. GRADDICK, et al.,
Defendants.

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CIVIL ACTION 14-00319-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)(l)(B) and dated January 16, 2015, 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’s claims
are either frivolous or fail to state a claim upon which relief may be granted.
DONE and ORDERED this the 10th day of February 2015.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE