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

Filing 9

REPORT AND RECOMMENDATION that Plaintiff's 8 MOTION to Dismiss be GRANTED and that this case be DISMISSED without prejudice. Objections to R&R due by 6/4/2009. Signed by Honorable Charles S. Coody on 5/22/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _______________________________ MACK STOKES, #192 523 Plaintiff, v. KILBY CORRECTIONAL FACILITY, et al., Defendants. _______________________________ * * * * * 2:09-CV-332-TMH (WO)

RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff filed this complaint on March 11, 2009. On May 7, 2009 he filed a motion to dismiss the complaint. Upon review of the file in this case, the court concludes that Plaintiff's motion to dismiss is due to be granted. See Rule 41(a)(1), Federal Rules of Civil Procedure . Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's motion to dismiss 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 June 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 22nd day of May, 2009.

/s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE