Lankster v. City of Linden, Ala.

Filing 16

ORDER ADOPTING 12 REPORT AND RECOMMENDATION of the Magistrate Judge as the opinion of this court. It is ORDERED that this action be dismissed with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(I) as frivolous. Signed by Chief Judge Callie V. S. Granade on 07/27/2009. (copy to pltf) (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION ALBERT F. LANKSTER, Plaintiff, vs. CITY OF LINDEN, ALA. Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 09-00250-CG-N

ORDER After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection is made1, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(A) is adopted as the opinion of this Court. It is ORDERED that this action be dismissed with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(I) as frivolous. DONE and ORDERED this 27th day of July, 2009.

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

The court notes that although the court directed any objection filed by plaintiff to specifically address the jurisdictional principles discussed in the Report and Recommendation, the plaintiff failed to do so.

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