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

Filing 12

OPINION and ORDER, it is ORDERED and ADJUDGED that the 11 Recommendation of the Magistrate Judge be and is hereby ADOPTED, the plf's 10 Motion to Dismiss be and is hereby GRANTED and that this case be and is hereby DISMISSED without prejudice. Signed by Honorable Ira De Ment on 10/30/2009. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION N O R M A N JOSEPH CONKLE, II, A IS # 213950, P l a i n t if f , v. ST AT E OF ALABAMA DEP'T O F CORRECTIONS, D e fe n d a n t. ) ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv628-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 gistrate Judge entered on October 8, 2009, (doc. # 11), 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 30 th day of October, 2009.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE