Santos v. Jones et al (INMATE2)

Filing 14

REPORT AND RECOMMENDATIONS re 11 MOTION to Dismiss filed by Nedolandez Leon Santos, 12 MOTION to Dismiss filed by Nedolandez Leon Santos; it is the Recommendation of the Mag Judge that Plaintiff's motions to dismiss be granted and that this case be dismissed without prejudice; Objections to R&R due by 5/4/2009. Signed by Honorable Terry F. Moorer on 4/20/09. (vma, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ NEDOLANDEZ LEON SANTOS, #140 896 Plaintiff, v. SGT. IBETH JONES, et al., Defendants. _____________________________ * * * * * 2:09-CV-165-WHA (WO)

RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff filed this complaint on March 2, 2009. On April 9 and 16, 2009 he filed motions to dismiss the complaint. Upon review of the file in this case, the court concludes that Plaintiff's motions to dismiss are due to be granted. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's motions to dismiss (Doc. Nos. 11, 12) be GRANTED and that this case be DISMISSED without prejudice. It is further ORDERED that the parties are DIRECTED to file any objections to the Recommendation on or before May 4, 2009. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not

appealable. Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. Done, this 20th day of April 2009. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

2