Opinion
CIVIL ACTION 05-00316-BH-B.
June 11, 2008
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issue 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 Defendant Jail Jackie Calhoun be and is hereby DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(I), prior to service of process, because the claim against her is frivolous. The case shall proceed as to the remaining defendants.
The first mailing to Plaintiff of the Report and Recommendation here at issue was returned as undeliverable. A second mailing of the Report and Recommendation which extended the response time to June 10, 2008, was not returned. See, Doc. 31.