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Allen Ray King v. Mark Henry

November 23, 2011

ALLEN RAY KING, PLAINTIFF,
v.
MARK HENRY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 19, 2011 (doc. 62). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The court has considered de novo the plaintiff's timely filed objections (doc. 64).

Having considered the Report and Recommendation, the plaintiff's objections, and the record, the court determines that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

2. Plaintiff King's claims against Defendant Zoley are DISMISSED with prejudice for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

3. Defendants Henry and Stewart's motion for summary judgment (doc. 55) is GRANTED.

4. The plaintiff's request for the appointment of counsel (doc. 67) is DENIED as MOOT.

5. This action is DISMISSED and the clerk is directed to enter judgment in favor of Defendants and close the file.

M. Casey Rodgers

20111123

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