Duncan v. Jones et al (INMATE 1)

Filing 16

OPINION AND ORDER ADOPTING 15 REPORT AND RECOMMENDATION and that this case be and is hereby DISMISSED without prejudice. An appropriate judgment will be entered. Signed by Honorable Ira De Ment on 11/10/2009. (dmn) [Modified on 11/10/2009 to include the word "OPINION" which was omitted in error when originally filed.-DMN]

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O H N DUNCAN, AIS # 180841, P l a i n t if f , v. K E N N E T H JONES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:09cv661-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 gis tra te Judge entered on October 16, 2009 (Doc. No. 15), that this case be dismissed w ith o u t prejudice for the plaintiff's abandonment of his claims, his failure to comply with th e orders of this court and his failure to properly continue prosecution of this cause of a c tio n . After a review of the recommendation, to which no timely objections have been fil e d , and after an independent review of the entire record, the court believes that the re c o m m e n d a tio n 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 and that this case be and is hereby DISMISSED without prejudice. A n appropriate judgment will be entered. D o n e this the 10 th day of November 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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