McLeod v. Hughes

Filing 16

REPORT AND RECOMMENDATIONS of the Magistrate Judge that this case be dismissed without prejudice; Objections to R&R due by 12/1/2008. Signed by Honorable Charles S. Coody on 11/18/2008. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JANICE McLEOD, Plaintiff, v. ANDY R. HUGHES, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACT. NO. 1:08CV670-WKW RECOMMENDATION OF THE MAGISTRATE JUDGE On November 18, 2008, the court held a status and scheduling conference in this case. Janice McLeod appeared for this conference; however, she denied that she filed the complaint in this case. She denied that the signature appearing on the complaint was her signature. She did state that her brother, Jackie McLeod, prepared and filed the complaint without her knowledge. Janice McLeod stated that she had no objections to the dismissal of the complaint. Based on the foregoing, the court concludes that this case should be dismissed. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice. It is further ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before December 1, 2008. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation objected to. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. Done this 18th day of November, 2008. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE 2

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