United States District Court, S.D. Alabama, Southern Division
October 17, 2014
CEDRIC STURDIVANT, #214805, Plaintiff,
GARY HETZEL, et al., Defendants.
WILLIAM H. STEELE, Chief 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 failure to state a claim upon which relief can 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.