McGee v. Prison Health Services, Inc. et al (INMATE 2)

Filing 8

RECOMMENDATION of the Magistrate Judge that plaintiff's 7 MOTION to Dismiss be granted and this case dismissed without prejudice. Objections to R&R due by 4/2/2007. Signed by Judge Terry F. Moorer on 3/19/07. (sl, )

McGee v. Prison Health Services, Inc. et al (INMATE 2)

Doc. 8

Case 2:07-cv-00181-WHA-TFM

Document 8

Filed 03/19/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _____________________________ W Y L IE E. MCGEE, #248 056 P l a i n t if f , v. P R IS O N HEALTH SERVICES, INC., e t al., D e f e n d a n ts . _____________________________ * * * * * 2:07-CV-181-WHA (W O )

R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE P la in tiff filed this complaint on March 1, 2007. On March 13, 2007 he filed a motion to dismiss the complaint. (Doc. No. 7.) Upon review of the file in this case, the court c o n c lu d e s that Plaintiff's motion to dismiss is due to be granted. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's m o tio n to dismiss be GRANTED and that this case be dismissed without prejudice. It is further O R D E R E D that the parties are DIRECTED to file any objections to the R e c o m m e n d a tio n on or before April 2, 2007. Any objections filed must specifically identify th e findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, co n clus ive or general objections will not be considered by the District Court. The parties are a d v is e d that this Recommendation is not a final order of the court and, therefore, it is not a p p e a la b le .

Dockets.Justia.com

Case 2:07-cv-00181-WHA-TFM

Document 8

Filed 03/19/2007

Page 2 of 2

F a ilu re to file written objections to the proposed findings and recommendations in the M a g is tra te Judge's report shall bar the party from a de novo determination by the District C o u rt of issues covered in the report and shall bar the party from attacking on appeal factual fin d in g s in the report accepted or adopted by the District Court except upon grounds of plain e rr o r or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v . Reynolds Securities, Inc., 667 F.2d 33 (11 th Cir. 1982). See also Bonner v. City of P r ic h a r d , 661 F.2d 1206 (11 th Cir. 1981) (en banc), adopting as binding precedent all of the d e c is io n s of the former Fifth Circuit handed down prior to the close of business on S e p te m b e r 30, 1981. D o n e , this 19 th day of March 2007.

/s /T e r r y F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE

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