Esco v. State of Florida (INMATE2)

Filing 7

OPINION AND ORDER that the Recommendation of the Magistrate Judge 6 be and is hereby ADOPTED, the plaintiffs motion to dismiss 5 be and is hereby GRANTED, and that this case be and is hereby DISMISSED without prejudice. Signed by Honorable Ira De Ment on 9/3/09. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION B ILLY DWIGHT ESCO, # 243253, P l a i n t if f , v. ST AT E OF FLORIDA, D e fe n d a n t. ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv583-ID (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 gistr a t e Judge entered on August 12, 2009, (Doc. No. 6), that the plaintiff's motion to d is m is s be granted and that this case be dismissed. After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire re c o rd , the 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 3 r d day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE