Sullivan v. Cochran et al

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATION This action is dismissed without prejudice, 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 may be granted.. Signed by Judge Kristi K. DuBose on 1/6/2016. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MATTHEW S. SULLIVAN, Plaintiff, : : vs. : SAM COCHRAN, et al., : Defendants. CIVIL ACTION: 15-0407-KD-M : ORDER After due and proper consideration of all portions of this file deemed relevant to 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), and dated November 25, 2015 (Doc. 5), is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED WITHOUT PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). DONE and ORDERED this 6th day of January 2016. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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