Thomas v. Peterson

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS: It is ordered that this action be and is hereby dismissed without prejudice, prior to service of process, because it is malicious, 28 U.S.C. § 1915(e)(2)(B)(i), or, in the alternative, because it fails to state a claim upon which relief may be granted, 28 U.S.C. § 1915(e)(2)(B)(ii).. Signed by District Judge William H. Steele on 10/25/2017. Copy mailed to Plaintiff. Copy of R&R, Order & Judgment mailed to ADOC. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES EARL THOMAS, AIS # 130259,
Plaintiff,

:
:

vs.

:

ERIC PETERSON,

:

Defendant.

CIVIL ACTION 17-0371-WS-N

:
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)(1)(B) is
ADOPTED as the opinion of this Court. It is ORDERED that this action be and is
hereby DISMISSED without prejudice, prior to service of process, because it is
malicious, 28 U.S.C. § 1915(e)(2)(B)(i), or, in the alternative, because it fails to state a
claim upon which relief may be granted, 28 U.S.C. § 1915(e)(2)(B)(ii).
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 this 25th day of October, 2017.
s/WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE