Kinsey v. Assurance America Insurance Company (MAG+)

Filing 11

ORDER, JUDGMENT and DECREE of the court that: (1) the plf's 10 MOTION which the Court construes an objection to the recommendation of the Mag Judge is overruled; (2) ADOPTING 9 REPORT AND RECOMMENDATION of the Mag Judge; (3) this case is DISMISSED pursuant to 28 USC 1915(e)(2)(B)(i) and (ii), and that the defendant's 4 motion to dismiss is DENIED as moot. Signed by Hon. Chief Judge Mark E. Fuller on 4/25/11. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JANIE P. KINSEY,
Plaintiff,
v.
ASSURANCE AMERICA INSURANCE
COMPANY,
Defendant.

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CASE NO. 1:11-cv-166-MEF
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's Motion for a Jury Demand (Doc. #10) filed on April 19, 2011 which
the Court construes to an objection to the Recommendation of the Magistrate Judge is
overruled;
2. The Recommendation of the Magistrate Judge (Doc. #9) filed on April 8, 2011 is
adopted;
3. This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), and
that the defendant's motion to dismiss is DENIED as moot.
th

DONE this the 25 day of April, 2011.
/s/ Mark E. Fuller
CHIEF UNITED STATES DISTRICT JUDGE