Ngo v. Howard (INMATE 1)

Filing 5

ORDER AND OPINION ADOPTING 4 REPORT AND RECOMMENDATIONS re 3 MOTION to Dismiss filed by Elvis Ngo; granting 3 Motion to Dismiss filed by Elvis Ngo and this case is dismissed without prejudice. Signed by Honorable Truman M. Hobbs on 10/23/08. (Attachments: # 1 appeals checklist)(vma, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION E L V IS NGO, Reg. No. 07562-043, P l a in tif f , v. L A R R Y HOWARD, D e f e n d a n t. ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:08cv649-TMH

O R D E R AND OPINION O n September 25, 2008, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that the plaintiff's motion to dismiss is GRANTED and this c a s e is DISMISSED without prejudice. Done this the 23rd day of October, 2008. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE TRUMAN M. HOBBS