Lewis v. Mack et al

Filing 9

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS re 1 Complaint filed by James Douglas Lewis, Jr. that this action be dismissed without prejudice as malicious and that this action be counted as a strike for the purpose of 28 USC 1915. Plaintiff� 39;s motion to proceed without prepayment of fees is DENIED. Clerk is directed to send the Commissioner of the AL Dept of Corrections copy of the Report & Recommendation and the judgment dismissing this action. Signed by Judge Kristi K. DuBose on 5/3/2016. copy to plaintiff, Commissioner (srr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES DOUGLAS LEWIS, JR., Plaintiff, vs. HUEY “HOSS” MACK, et al., Defendants. ) ) ) ) ) ) ) CIVIL ACTION 15-389-KD-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 February 18, 2016, 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 3rd day of May 2016. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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