Hinds v. Stewart et al

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be DISMISSED without prejudice as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that the action be counted as a strike for the purposes of 28 U.S.C. § 1915(g). Signed by Chief Judge Kristi K. DuBose on 08/22/2018. (Copy of report and recommendation, order and judgment mailed to Commissioner of ADOC as directed) (Copy mailed to Plaintiff) (nah)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEREK HINDS, # 279371,
Plaintiff,

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:

vs.

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CYNTHIA STEWART, et al.,

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Defendants.

CIVIL ACTION 18-0214-KD-MU

:
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 that the
action be counted as a strike for the purposes of 28 U.S.C. § 1915(g).
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.
22
August
DONE this ___ day of ____________________, 2018.
s/ Kristi K. DuBose
_____________________________________
CHIEF UNITED STATES DISTRICT JUDGE