Ballard v. The Sherwin-Williams Company et al

Filing 106

ORDER, JUDGMENT and DECREE of the court that: 1) The 105 Recommendation of the Magistrate Judge is ADOPTED; 2) This case is DISMISSED without prejudice for lack of prosecution; 3) The 103 Motion to Dismiss contained in dfts' Motion to Require Plf to Show Cause Why His Claims Should Not Be Dismissed is GRANTED; 4) Any remaining outstanding motions are DENIED as moot. Signed by Hon. Chief Judge Mark E. Fuller on 3/19/2009. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION J IM M Y BALLARD, P l a in tif f , v. T H E SHERWIN WILLIAMS CO., et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 1:08-cv-0824-MEF

ORDER
O n February 27, 2009, the Magistrate Judge filed a Recommendation (Doc. #105) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . This case is DISMISSED without prejudice for lack of prosecution. 3 . The Motion to Dismiss contained in defendants' Motion to Require Plaintiff to S h o w Cause Why His Claims Should Not Be Dismissed (Doc. #103) is GRANTED. 4. Any remaining outstanding motions are DENIED as moot. D O N E this the 19th day of March, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE