Whitley v. Albright et al (INMATE 2)

Filing 47

ORDER ADOPTING 46 REPORT AND RECOMMENDATION of the Mag Judge and this case is DISMISSED without prejudice for lack of jurisdiction. Signed by Honorable Judge Truman M. Hobbs on 6/7/12. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GALE ACREMAN WHITLEY, Plaintiff, v. WARDEN FRANK ALBRIGHT, Defendant. ) ) ) ) ) CIVIL ACTION NO.: 2:10-CV-315-TMH ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #46) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the court finds that the Recommendation should be adopted. Accordingly, it is ORDERED that the Recommendation (Doc. #46) of the Magistrate Judge is ADOPTED and this case is DISMISSED without prejudice for lack of jurisdiction. A separate judgment shall issue. Done this 7th day of June, 2012. /s/ Truman M. Hobbs ________________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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