Riggins v. Corizon, Inc. et al

Filing 13

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Darryl D. Riggins. This action is dismissed without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious and that this action is counted as a strike for the purpose of 28 U.S.C. § 1915(g). Riggins's motion for preliminary and permanent injunction (doc. 5) is denied as moot. Signed by Judge Kristi K. DuBose on 3/20/2015. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DARRYL D. RIGGINS, #184051,
Plaintiff,

:
:

vs.

:

CORIZON, INC., et al.,

:

Defendants.

CIVIL ACTION 14-0542-KD-N

:
ORDER

After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C) and dated
March 6, 2015, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that this action is dismissed without prejudice, prior to
service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious and that this action be
counted as a strike for the purpose of 28 U.S.C. § 1915(g). As such, it is further ORDERED
that Riggins’s motion for a preliminary and permanent injunction (Doc. 5) is denied as moot.
DONE and ORDERED this the 20th day of March 2015.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE