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, )

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

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