Smith v. Comcast Corporation, et al
Filing
98
Order dismissing all claims against Brian Roberts, Xfinity, Inc. and Comcast Corporation Mobile Alabama. Signed by District Judge William H. Steele on 7/26/2018. Copy mailed to Plaintiff. (tgw)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL HENRY SMITH,
Plaintiff,
v.
COMCAST CORPORATION, et al.,
Defendants.
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) CIVIL ACTION 17-0456-WS-M
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ORDER
The Court has by separate orders granted motions dismissing five of the
eight named defendants for failure to state a claim on which relief may be granted.
(Docs. 93-95). The remaining defendants are Brian Roberts (as the chairman,
president and chief executive officer of defendant Comcast Corporation
(“Comcast”)), Xfinity, Inc. (“Xfinity”), and Comcast Corporation Mobile
Alabama (“Comcast Mobile”).
The pro se plaintiff sought and obtained leave to proceed in forma
pauperis (“IFP”), pursuant to 28 U.S.C. § 1915. (Docs. 44, 45). Because the
plaintiff is proceeding IFP under Section 1915, “the court shall dismiss the case at
any time if the court determines that … the action … fails to state a claim on
which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). The plaintiff’s
claims against Roberts, Xfinity and Comcast Mobile fail to state a claim on which
relief may be granted for the same reasons set forth in the Court’s orders granting
the other defendants’ motions to dismiss the identical claims against those
defendants. In addition, the evidence is uncontroverted that neither Xfinity nor
Comcast Mobile exists. (Doc. 1-2 at 2).
For the reasons set forth above, all claims against Brian Roberts, Xfinity,
Inc. and Comcast Corporation Mobile Alabama are dismissed with prejudice.
Judgment shall be entered accordingly by separate order.
DONE and ORDERED this 26th day of July, 2018.
s/ WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE
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