Partin v. McClendon et al (INMATE1)

Filing 7

REPORT AND RECOMMENDATIONS of the Mag Judge that: (1) the plf's 5 MOTION to Dismiss be granted; (2) This case be DISMISSED without prejudice; Objections to R&R due by 6/4/2009. Signed by Honorable Charles S. Coody on 5/22/09. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JASON PARTIN, #179096, Plaintiff, v. OFFICER McCLENDON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09-CV-328-TMH [WO] RECOMMENDATION OF THE MAGISTRATE JUDGE Jason Partin ["Partin"], a state inmate, filed this 42 U.S.C. 1983 action on April 13, 2009. Subsequently, and prior to service of the complaint, Partin filed a motion to dismiss this cause of action without prejudice (Court Doc. No. 5). Upon consideration of the plaintiff's motion to dismiss and as the complaint has not been served on the defendants, the court finds that this motion is due to be granted. Rule 41(a)(1), Federal Rules of Civil Procedure . Accordingly, it is the RECOMMENDATION of the Magistrate Judge that: 1. The plaintiff's motion to dismiss be GRANTED. 2. This case be DISMISSED without prejudice. It is further ORDERED that on or before June 4, 2009 the plaintiff may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. 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 advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation 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 22nd day of May, 2009. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE 2

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