Malone v. Bentley et al

Filing 9

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious. Signed by Judge Kristi K. DuBose on 4/10/2015. copy mailed to plaintiff. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID MALONE, #175140,
Plaintiff,

:
:

vs.

:

ROBERT BENTLEY, et al.,

:

Defendants.

CIVIL ACTION 14-576-KD-M

:
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 recommendation to which
objection is made, 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.
Accordingly, 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)(i) as malicious.
DONE this the 10th day of April 2015.

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