Smith v. Auburn University et al (MAG+)

Filing 14

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The 10 United States Magistrate Judge's Recommendation is adopted; (2) This lawsuit is dismissed without prejudice because plf Peter J. Smith has failed to state a cl aim upon which relief can be granted and has failed to comply with the orders of the court; further ORDERED that costs are taxed against plf Smith, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/17/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

PETER J. SMITH,

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Plaintiff,
v.
AUBURN UNIVERSITY and
AUBURN UNIVERSITY
MONTGOMERY,
Defendants.

CIVIL ACTION NO.
2:11cv364-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court

as follows:

(1) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 10) is adopted.
(2) This

lawsuit

is

dismissed

without

prejudice

because plaintiff Peter J. Smith has failed to
state a claim upon which relief can be granted
and has failed to comply with the orders of the
court.

It is further ORDERED that costs are taxed against
plaintiff Smith, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 17th day of August, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE