Ertl v. Lane (MAG+)

Filing 8

VACATED PURSUANT TO 11 ORDER. ORDER adopting 7 REPORT AND RECOMMENDATIONS; granting plaintiff's 2 MOTION for Leave to Proceed in forma pauperis; that plaintiff's claims are dismissed without prejudice prior to service of process pursu ant to 28 U.S.C. § 1915(e)(2)(B) 3 ; that plaintiff's 3 MOTION to appeal is denied as moot; that any other outstanding motions are denied as moot. Signed by Honorable Myron H. Thompson on 10/29/2009. (cc, ) Modified on 12/17/2009 (cc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JENNIFER L. ERTL, Plaintiff, v. JOHN D. LANE, Defendant. ) ) ) ) ) ) ) ) )

CASE NO. 1:09-cv-693-MHT [wo]

ORDER On September 17, 2009, the magistrate judge issued a report and recommendation (doc. no. 7) to which no timely objections were made. Upon an independent and de novo review of the record and upon consideration of the recommendation of the magistrate judge, it is the ORDER, JUDGMENT and DECREE that: (1) The report and recommendation of the magistrate judge (doc. no. 7) is adopted; (2) (3) Plaintiff's motion to proceed in forma pauperis (doc. no. 2) is granted; Plaintiff's claims are dismissed without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B); (4) (5) Plaintiff's motion to appeal (doc. no. 3) is denied as moot; and Any other outstanding motions are denied as moot.

The court notes that, while there may be a question as to whether the Rooker-Feldman applies here, see Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (2005), this case is still due to be dismissed for the other grounds stated by the magistrate judge. Done this 29th day of October, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE