Burke v. Earl et al

Filing 11

ORDER ADOPTING 9 REPORT AND RECOMMENDATION recommending that this action be dismissed w/prejudice as frivolous, prior to service of process, as set out. Clerk is directed to send R&R and Order to Commissioner of ADOC. Signed by Senior Judge Callie V. S. Granade on 10/06/2017. Copy to Plaintiff and Commissioner of ADOC. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEMETRIUS BURKE, # 246227,

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Plaintiff,

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vs.

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SGT. EARL, et al.,

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Defendants.

CIVIL ACTION NO. 17-0197-CG-N

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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 with prejudice as frivolous pursuant to 28 U.S.C. §
1915(e)(2)(B)(i).
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 6th day of October, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE