Shropshire vs. Tony, et al.
ORDER ADOPTING 12 REPORT AND RECOMMENDATION. This action is DISMISSED w/prejudice, prior to service of process, as set out. The Clerk is DIRECTED to send to the Commissioner of ADOC a copy of the R&R, this Order, & the Judgment. Signed by Senior Judge Callie V. S. Granade on 4/20/2016. (copy mailed to Plf on 4/21/16; copy mailed to Commissioner of ADOC w/R&R & Judgment on 4/21/16) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
DONNIE SHROPSHIRE, AIS
DEBORAH TONEY, et al.,
CIVIL ACTION NO. 15-0575-CG-M
After due and proper consideration of all portions of this file deemed relevant
to the issues raised, and a de novo determination of those portions of the
recommendation to which objection is made1, the 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 with
prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)
because Plaintiff’s claims are frivolous and malicious.
The Clerk is DIRECTED to send to the Commissioner of the Alabama
Department of Corrections a copy of the Report and Recommendation, of this Order
Plaintiff’s objection focuses on the Magistrate’s role in making the Report and
Recommendation, and misconstrues that role as being exercised pursuant to 28 U.S.C. §636(c),
without the plaintiff’s consent. In fact, the Magistrate’s Report and Recommendation was issued
pursuant to 28 U.S.C. § 636(b)(1)(B) and S. D. Ala. Gen L R 72(a)(2)(R). The final decision in
the case is made by the undersigned.
adopting the Report and Recommendation, and of the Judgment.
DONE and ORDERED this 20th day of April, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
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