Lewis v. Mack

Filing 9

ORDER ADOPTING the 6 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 that the action be counted as strike under 28 U.S.C. § 1915(g). Signed by Chief Judge William H. Steele on 2/29/2016. Copy mailed to Plaintiff. (Copy mailed to ADOC with R&R and Judgment) (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES DOUGLAS LEWIS, JR.,
Plaintiff,
v.
HUEY “HOSS” MACK, et al.,
Defendants.

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Civil Action No. 15-00303-WS-N

ORDER
After due and proper consideration of the issues raised, and there having
been no objections filed, the recommendation of the Magistrate Judge made under
28 U.S.C. § 636(b)(l)(B) and dated January 22, 2015, 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 that the action be counted as strike under 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 and ORDERED this the 29th day of February, 2016.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE