Bell v. United States of America (MAG+)

Filing 9

JUDGMENT, in accordance with the 8 Opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the 7 REPORT AND RECOMMENDATION of the Mag Judge is adopted; (2) the defendant's 3 Motion to Set Aside Judgment is granted; (3) t he state-court default judgment is vacated; (4) the defendant's 4 Motion to Dismiss for Lack of Jurisdiction is granted; (5) this case is dismissed for lack of jurisdiction; further ORDERING that costs are taxed against plf, for which executio n may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 5/7/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

NATHAN C. BELL,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CIVIL ACTION NO.
1:12cv75-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 7) is adopted.
(2) The defendant’s motion to set aside judgment
(doc. no. 3) is granted.
(3) The state-court default judgment (doc. no. 1-1)
is vacated.
(4) The defendant’s motion to dismiss for lack of
jurisdiction (doc. no. 4) is granted.

(5) This case is dismissed for lack of jurisdiction.
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 7th day of May, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE