Wiley v. Glover et al (INMATE1)

Filing 41

ORDERED as follows: (1)The 38 Order Adopting 37 Report and Recommendation and 39 Final Judgment are VACATED; (2) Plaintiff's 40 Motion to Alter Judgment is DENIED as moot; (3) Plaintiff shall file any objections he may have to the Report and Recommendation of the Magistrate Judge on or before 11/3/08. **A copy of the R&R provided to plaintiff** Signed by Hon. Chief Judge Mark E. Fuller on 11/17/2008. (cb, ) Modified on 10/17/2008 to reflect that 38 Order is VACATED rather than the report and recommendation (cb, ).

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION M IC H A E L LEWIS WILEY, P l a i n t if f , v. L A M A R GLOVER, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 1:05-cv-1156-MEF WO

ORDER
It is hereby ORDERED: 1 . That this Court's Order adopting the Report and Recommendation (Doc. #38) and th e Final Judgment (Doc. #39) are VACATED. 2. That plaintiff's Motion to Alter or Amend Judgment (Doc. #40) filed on October 1 0 , 2008 is DENIED as moot to the extent that it is a motion to alter judgment. 3 . That the plaintiff shall file any objections he may have to the Report and R e c o m m e n d a tio n of the Magistrate Judge (Doc. #37) on or before November 3, 2008. D O N E this the 17th day of October, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE