Himmelberger v. Davis et al (INMATE1)

Filing 28

OPINION AND ORDER adopting 27 Report and Recommendations; that this case is DISMISSED without prejudice. Signed by Honorable Truman M. Hobbs on 6/22/2009. (cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION M A R K HIMMELBERGER, P l a in tiff , v. O F F IC E R DAVIS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv43-TMH

O P I N I O N and ORDER T h is litigation is now before the court on the recommendation of the United States M a g is tra te Judge entered on May 22, 2009 (doc. # 27), that this case be dismissed without p rejud ice for the plaintiff's abandonment of his claims, his failure to comply with the orders o f the court and his failure to properly continue prosecution of this cause of action. After a re v ie w of the recommendation, to which no timely objections have been filed, and after an in d e p e n d e n t review of the entire record, the court believes that the recommendation should b e adopted. Accordingly, it is O R D E R E D and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice. A n appropriate judgment will be entered. D o n e this the 22nd day of June, 2009. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE