Palmer v. Odom et al

Filing 6

ORDER ADOPTING the 5 REPORT AND RECOMMENDATIONS. It is ORDERED that plaintiff's motion to proceed without prepayment of fees (Doc. 2) be DENIED, this action be DISMISSED without prejudice as malicious pursuant to 28 U.S.C.§§ 1915( e)(2)(B)(i) and 1915A(b)(1), and that the action be counted as strike for the purposes of 28 U.S.C. § 1915(g). 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)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARCUS PALMER, #209502,

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Plaintiff,

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vs.

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DONALD R. ODOM, et al.,

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Defendants.

CIVIL ACTION 14-0335-WS-C

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ORDER

After due and proper consideration of all portions of this file deemed relevant to the
issues 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 plaintiff’s motion to proceed without prepayment of fees (Doc. 2)
be DENIED, this action be DISMISSED without prejudice as malicious pursuant to 28 U.S.C.
§§ 1915(e)(2)(B)(i) and 1915A(b)(1), and that the action be counted as strike for the purposes of
28 U.S.C. § 1915(g).
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