Kinsey v. CenturyTel (MAG+)

Filing 9

ORDER ADOPTING 7 REPORT AND RECOMMENDATION and the 8 Objection is OVERRULED. Signed by Honorable Judge Mark E. Fuller on 3/7/12. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
C.H. KINSEY,

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Plaintiff,
v.
CENTURYTEL,
Defendant.

CASE NO. 1:11-cv-866-MEF

ORDER
This case is before the Court on a Recommendation of the Magistrate Judge (Doc. #
7) to dismiss Plaintiff’s Amended Complaint (Doc. # 6) prior to service of process, pursuant
to 28 U.S.C. § 1915. Plaintiff has filed a timely Objection. (Doc. # 8.) The Court reviews
de novo the portion of the Recommendation to which the Objection applies. 28 U.S.C. §
636(b)(1).
As it is with Plaintiff’s Amended Complaint, Plaintiff’s Objection contains the barest
of conclusory allegations: “YOUR HONOR, . . . but fraud is fraud.” (Objection 1.)
Plaintiff’s Amended Complaint fails to meet the pleading standards under Federal Rules of
Civil Procedure 8 and 9. After a review of the Recommendation and the Objection, it is
ORDERED that the Recommendation (Doc. # 7) is ADOPTED and the Objection (Doc. #
8) OVERRULED. An appropriate final judgment will be entered.
th

DONE this the 7 day of March, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE