Lewis v. Dixon et al

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. This action is dismissed, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) because Plaintiff's claims are either frivolous or fail to state a claim upon which relief can be granted. Signed by Judge Kristi K. DuBose on 12/22/2015. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES DOUGLAS LEWIS, JR.,
Plaintiff,

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:

vs.

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HALLIE S. DIXON, et al.,

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Defendants.

CIVIL ACTION 15-0352-KD-M

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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)(1)(B) is
adopted as the opinion of this Court.
Accordingly, this action is dismissed, prior to service of
process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii)
because Plaintiff’s claims are either frivolous or fail to state
a claim upon which relief can be granted. The frivolous claims
are dismissed with prejudice and the claims that failed to state
a claim upon which relief can be granted are dismissed without
prejudice.
DONE this the 22nd day of December 2015.

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