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)

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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

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