Johnson v. Pacheco et al
ORDER ADOPTING the 5 REPORT AND RECOMMENDATIONS. It is ORDERED that 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 2/20/2015. Copy mailed to Plaintiff. Copy of R&R, Order & Judgment mailed to ADOC. (tgw)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
GUS JOHNSON, # 108854,
A. PACHEO, et al.,
CIVIL ACTION 15-4-WS-C
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)(1)(B) is ADOPTED as the opinion of
this Court. It is ORDERED that 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 20th day of February, 2015.
s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
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