Kelly v. Stallworth et al

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. This action is DISMISSED without prejudice for lack of subject matter jurisdiction except that the claim against Dft Geico based on federal question jurisdiction is DISMISSED without prejudice for failure to state a claim upon which relief can be granted as set out. Signed by Senior Judge Callie V. S. Granade on 1/9/2017. (copy mailed to Plf on 1/10/17) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RODERICK LEBARON KELLY,
Plaintiff,
vs.
BRANDIN TYRUNE ANTHONY
STALLWORTH, et al.,
Defendants.

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CIVIL ACTION NO. 16-0614-CG-M

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) is
ADOPTED as the opinion of this Court. It is ORDERED that this action be and is
hereby DISMISSED without prejudice for lack of subject matter jurisdiction,
except that the claim against Defendant Geico based of federal question jurisdiction
is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for
failure to state a claim upon which relief can be granted.
DONE and ORDERED this 9th day of January, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE