Conkle v. State of Alabama Department of Corrections (INMATE2)

Filing 11

REPORT AND RECOMMENDATION of the Magistrate Judge that Plf's 10 MOTION to Dismiss be GRANTED and that this case be dismissed without prejudice; Objections to R&R due by 10/21/2009. Signed by Honorable Charles S. Coody on 10/8/2009. (wcl, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ NORMAN JOSEPH CONKLE, II, #213 950 Plaintiff, v. STATE OF ALABAMA DEPT. OF CORRECTIONS, Defendant. _____________________________ RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff filed this complaint on July 6, 2009. On September 30, 2009, before any response to the complaint by the defendants, 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. FED.R.CIV.P. 41(a)(1). Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's motion to dismiss (Doc. No. 10) 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 October 21, 2009. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. * * * * * 2:09-CV-628-ID (WO)

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 8th day of October, 2009.

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

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