Morris v. Nummy et al (INMATE 2)

Filing 4

(VACATED PER 7 ORDER)ORDERED that: (1) The 3 Recommendation is ADOPTED; and (2) This case be DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(A)(b)(1) as the complaint is not filed within the time prescribed by the applicable period of limitations. Signed by Honorable Ira De Ment on 12/28/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, ) Modified on 1/29/2010 to vacate order. (cb, ).

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION G E O R G E HOEY MORRIS, #11672-002, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 2:09-CV-1086-ID [W O ] A LA N NUMMEY, et al., Defendants. ORDER O n December 7, 2009, the Magistrate Judge filed a Recommendation (Doc. 3) in this c a se to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 3) of the Magistrate Judge is ADOPTED, and T h is case be DISMISSED with prejudice pursuant to the provisions of 28 U . S. C . 1915(A)(b)(1) as the complaint is not filed within the time prescribed b y the applicable period of limitations. An appropriate judgment will be entered. D o n e this 28 th day of December, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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