Simon v. Warden Myers et al

Filing 8

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Christopher L. Simon. This action is dismissed without prejudice, prior to service of process, pursuant to 28 USC 1915 as malicious. Signed by Judge Kristi K. DuBose on 5/16/2016. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER L. SIMON, #206054, Plaintiff, : : vs. : WARDEN MYERS, et al., : Defendants. CIVIL ACTION 15-574-KD-M : ORDER After due and proper consideration of the issues 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)(i) as malicious. DONE this 16th day of May 2016. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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