Santos v. Flemmings et al (INMATE2)

Filing 21

(VACATED PER 21 ORDER) REPORT AND RECOMMENDATIONS of the Magistrate Judge that Plaintiff's 20 Motion to Dismiss be GRANTED and that this case be dismissed without prejudice. Objections to R&R due by 10/28/2009. Signed by Honorable Terry F. Moorer on 10/15/2009. (cb, ) Modified on 11/23/2009 to vacate order (cb, ).

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _____________________________ N E D O L A N D E Z LEONEL SANTOS, #140 896 P l a in tif f , v. O F F IC E R DANNY FLEMMING, D e f e n d a n t. _____________________________ * * * * * 2:09-CV-787-TMH (WO)

R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE P la in tif f filed this complaint on August 20, 2009. On October 8, 2009 he filed a m o tio n to dismiss the complaint. Upon review of the file in this case, the court concludes that P la in tif f 's motion to dismiss is due to be granted. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's m o t io n to dismiss (Doc. No. 20) be GRANTED and that this case be dismissed without p re ju d ic e . It is further O R D E R E D that the parties are DIRECTED to file any objections to the R e c o m m e n d a tio n on or before October 28, 2009. Any objections filed must specifically id e n tif y the findings in the Magistrate Judge's Recommendation to which a party objects. F r iv o lo u s , conclusive or general objections will not be considered by the District Court. The p a rtie s are advised that this Recommendation is not a final order of the court and, therefore,

it is not appealable. F a ilu re to file written objections to the proposed findings and recommendations in the M a g is tra te Judge's report shall bar the party from a de novo determination by the District C o u rt of issues covered in the report and shall bar the party from attacking on appeal factual f in d in g s in the report accepted or adopted by the District Court except upon grounds of plain e rr o r or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v . Reynolds Securities, Inc., 667 F.2d 33 (11 th Cir. 1982). See also Bonner v. City of P r ic h a r d , 661 F.2d 1206 (11 th Cir. 1981) (en banc), adopting as binding precedent all of the d e c is io n s of the former Fifth Circuit handed down prior to the close of business on S e p te m b e r 30, 1981. D o n e , this 14 th day of October 2009.

/s /T e r r y F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE

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