Stokes et al v. Kilby Correctional Facility et al (INMATE2)

Filing 10

OPINION and ORDER: It is ORDERED and ADJUDGED that the 9 RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED, the plaintiff's 8 Motion to Dismiss be and is hereby GRANTED and that this case be and is hereby DISMISSED without prejudice. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 6/17/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M A R K STOKES, #192523, P l a in tif f , v. K IL B Y CORRECTIONAL F A C IL IT Y , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv332-TMH (W O )

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 i str a te Judge entered on May 22, 2009, (doc. # 9), that the plaintiff's motion to dismiss b e granted and that this case be dismissed. After a review of the recommendation, to which n o timely objections have been filed, and after an independent review of the entire record, th e court believes that the recommendation should be 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, the plaintiff's motion to dismiss be and is hereby GRANTED and th a t this case be and is hereby DISMISSED without prejudice. A n appropriate judgment will be entered. D o n e this the 17th 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