Wells-Faith et al v. Robertson et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS re 14 Complaint filed by Nicholas Wells. This action is dismissed without prejudice prior to service of process pursuant to 28 USC 1915 because plaintiff's claims are either malicious or fail to state a claim upon which relief may be granted.. Signed by Chief Judge Kristi K. DuBose on 3/7/2017. (copy to plaintiff; copy of R&R, Order and Judgment mailed to ADOC as directed) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
NICHOLAS WELLS, #207770,
Plaintiff,
v.
KATIE ROBERTSON, et al.,
Defendants.

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CIVIL ACTION 16-00475-KD-N

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issue
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) and dated February 8, 2017 is
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that 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 malicious or fail to state a claim upon which relief may be granted.
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 the 7th day of March 2017.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE