Hayes v. Thomas et al
ORDER ADOPTING 11 REPORT AND RECOMMENDATION. This action is DISMISSED without prejudice, prior to service of process, for failure to state a claim upon which relief may be granted as set out. The Clerk is DIRECTED to send to the Commissioner of t he Alabama Department of Corrections a copy of the Report & Recommendation, this Order, & the Judgment. Signed by Senior Judge Callie V. S. Granade on 3/21/2016. (copy mailed to Plf on 3/22/16; copy mailed to Commissioner of the Alabama Department of Corrections on 3/22/16 w/copies of R&R & Judgment) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
BRANDON J. HAYES, AIS # 288446,
KIM THOMAS, et al.,
CIVIL ACTION 15-0101-CG-C
After due and proper consideration of all portions of this file deemed relevant
to the issue 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 this action be and is
hereby DISMISSED without prejudice, prior to service of process, pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be
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 and ORDERED this 21st day of March, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
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