Johnson v. Hall et al (INMATE 2)
ORDER ADOPTING 11 Recommendation and that the complaint is DISMISSED without prejudice pursuant to FRCP 41(b). A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 1/5/2017. (dmn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
JAMES JOHNSON, #257 588,
CASE NO. 1:16-CV-710-WKW
On December 1, 2016, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 11.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED that the
Recommendation is ADOPTED and that the complaint is DISMISSED without
prejudice pursuant to Federal Rule of Civil Procedure 41(b).1
A final judgment will be entered separately.
DONE this 5th day of January, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
Although the language of Rule 41(b) expressly contemplates only dismissals for which a
defendant has moved, the Supreme Court has long held that courts may dismiss actions under Rule
41(b) sua sponte—i.e., where, as here, no adverse party moves for dismissal. See Link v. Wabash
R. Co., 370 U.S. 626, 630–32 (1962) (interpreting Rule 41(b) to authorize sua sponte dismissals
for failure to prosecute or to comply with the court’s order).
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