Lee v. Jones

Full title: JAMES LEE, Plaintiff, v. CHARLIE JONES, et al., Defendants

Court: United States District Court, S.D. Alabama, Southern Division

Date published: Jan 18, 2000

Civil Action No. 00-0153-BH-C (S.D. Ala. Jan. 18, 2000)

Opinion

Civil Action No. 00-0153-BH-C

January 18, 2000

ORDER

W.B. HAND, Senior United States district Judge.

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 this action be and is hereby DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiffs failure to state a claim upon which relief may be granted.

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.

JUDGEMENT

It is ORDERED, ADJUDGED, and DECREED that this action be and is hereby DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiffs failure to state a claim upon which relief may be granted.