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, )

Download PDF
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 . 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?