Barrow v. Ala. Dept. of Corrections et al

Filing 10

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS re 4 Complaint filed by Christopher Lewis Barrow, dismissing this action without prejudice, prior to service of process because it is malicious. Signed by Chief Judge Kristi K. DuBose on 9/26/17. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHRISTOPHER LEWIS BARROW
#240955,
Plaintiff,
v.

COMMISSIONER JEFF DUNN, et al.,
Defendants.

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CIVIL ACTION 17-00141-KD-B

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 Report and Recommendation of
the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated September 5, 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) because Barrow’s action is malicious.

DONE and ORDERED this the 26th day of September 2017.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE