Baisden v. LIFE Tech Transition Facility

Filing 38

ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS as to Larry Roger Baisden, II: It is recommended that this action be dismissed without prejudice, prior to service of process because it is malicious as set out. It is also recommended that pending matters in this action be denied as moot. Signed by District Judge Jeffrey U. Beaverstock on 9/12/18. Copy mailed to plaintiff at Staton Correctional Facility and R&R and O&J mailed to Commissioner of the Alabama Department of Corrections. (mbp)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LARRY ROGER BAISDEN, II, #298382,
Plaintiff,
vs.

:
:
:

CIVIL ACTION 17-0484-JB-MU

LIFE TECH TRANSITION FACILITY, et al.,:
Defendants.

:
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 DISMISSED
without prejudice as malicious pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) and
1915A(b)(1), and that the action be counted as strike for the purposes of 28 U.S.C. §
1915(g). It is further ORDERED that the pending matters in this action be DENIED as
MOOT.
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 12th day of September, 2018.
s/JEFFREY U. BEAVERSTOCK
UNITED STATES DISTRICT JUDGE