Lewis v. Giles et al (INMATE1)

Filing 35

ORDER adopting the 33 and 34 Recommendations; denying the 13 motion for preliminary injunction; dismissing the case without prejudice for plaintiff's failure to comply with the orders of the court and his failure to properly prosecute this action. Signed by Honorable Truman M. Hobbs on 9/28/2010. (br, )

Lewis v. Giles et al (INMATE1)(ACCEPT NO DISCOVERY)

Doc. 35

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION B E N N IE FRANK LEWIS, #171958, P l a in tiff , v. S A N D R A GILES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C I V . ACT. NO. 2:10cv489-TMH

O P I N I O N and ORDER O n July 27, 2010, the Magistrate Judge filed a Recommendation in this case rec o m m en d in g that the plaintiff's motion for a preliminary injunction be denied. (Doc. # 33). T h e Magistrate Judge noted that the plaintiff was due to be transferred to Donaldson C o rr e c tio n a l Facility or be released by August 14, 2010. Id. On September 1, 2010, the M a g is tra te Judge filed another Recommendation in this case recommending that the case be d ism iss e d for the plaintiff's failure to respond to the court's orders and to properly prosecute th is action. (Doc. # 34). The Court has been advised by the Alabama Department of C o rre c tio n s that the plaintiff has now been released from custody. Furthermore, no timely o b jec tio n s to the Recommendations of the Magistrate Judge have been filed. Accordingly, u p o n an independent review of the file in this case and upon consideration of the R e c o m m e n d a tio n s of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendations of the Magistrate Judge be a n d are hereby ADOPTED, that the plaintiff's motion for a preliminary injunction (doc. #

Dockets.Justia.com

1 3 ) be and is hereby DENIED, and that this case be and is hereby DISMISSED without p re ju d ice for the plaintiff's failure to comply with the orders of the court and his failure to p ro p e rly prosecute this action. D o n e this the 28th day of September, 2010. /s / Truman M. Hobbs T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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