Broadhead v. Rogers et al

Filing 4

ORDER ADOPTING 2 REPORT AND RECOMMENDATIONS re 1 Complaint filed by James Broadhead, dismissing this action without prejudice, prior to service, pursuant to 28 USC 1915. Signed by Judge Kristi K. DuBose on 3/10/2016. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES BROADHEAD,
Plaintiff,
vs.
D. ROGERS, et. al.,
Defendants.

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CIVIL ACTION NO. 15-00631-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), dated January 20, 2016, is adopted as the opinion of
this Court.1
It is ORDERED that this action is hereby DISMISSED without prejudice, prior to
service of process, pursuant to 28 U.S.C. § 1915(g).
DONE and ORDERED this 10th day of March 2016.

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

1
Broadhead sent a letter to the Court dated January 16, 2016. (Doc. 3). The letter contains a
second complaint, which both repeats the allegations of the instant complaint and contains
slightly different allegations. The Court construes this letter as a motion to amend the complaint.
However, the “amended” complaint does not allege that Broadhead was “under imminent danger
of serious physical injury” at the time of the complaint’s filing. See Report and
Recommendation, Doc. 2 at 3-4). Accordingly, any new allegations in the amended complaint do
not impact the findings of the Report and Recommendation.