Santos v. Lohman (INMATE 2)

Filing 4

REPORT AND RECOMMENDATIONS of the Magistrate Judge that Plaintiff's 3 Motion to Dismiss be GRANTED and that this case be dismissed without prejudice. Ojections to R&R due by 3/25/2009. Signed by Honorable Terry F. Moorer on 3/13/2009. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _____________________________ N E D O L A N D E Z LEON SANTOS, # 1 4 0 896 P l a in tif f , v. M A R K LOHMAN, D e f e n d a n t. _____________________________ * * * * * 2:09-CV-167-TMH (WO)

R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE P la in tif f filed this complaint on March 2, 2009. On March 11, 2009 he filed a motion to dismiss the complaint. (Doc. No. 3.) 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 March 25, 2009. Any objections filed must specifically id e n tif y the findings in the Magistrate Judge's Recommendation to which a party objects. F r iv o lo u s , conclusive or general objections will not be considered by the District Court. The p a rtie s are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.

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 f in d in g s in the report accepted or adopted by the District Court except upon grounds of plain e r r 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 13 th day of March 2009.

/s/Terry F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE

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