Woods v. Maxwell (MAG+)

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATION of the Mag Judge with the modification that this case be DISMISSED without prejudice for lack of subject matter jurisdiction; (2) this case is DISMISSED without prejudice for lack of subject matter jurisdiction. Signed by Chief Judge William Keith Watkins on 9/30/11. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TIMOTHY WOODS,
Plaintiff,
v.
STANLEY B. MAXWELL,
Defendant.

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CASE NO. 2:11-CV-626-WKW

ORDER
On September 14, 2011, the Magistrate Judge filed a Recommendation (Doc.
# 12) in this case to which no timely objections have been filed. Upon an independent
review of the file in this case and upon consideration of the Recommendation, it is
ORDERED that
1.

The Recommendation is ADOPTED with the modification that this case

be DISMISSED without prejudice for lack of subject matter jurisdiction, Stalley v.
Orlando Reg'l Healthcare Sys., Inc., 524 F.3d 1229, 1232 (11th Cir. 2008) (per
curiam) (“A dismissal for lack of subject matter jurisdiction is not a judgment on the
merits and is entered without prejudice.”); and
2.
jurisdiction.

This case is DISMISSED without prejudice for lack of subject matter

DONE this 30th day of September, 2011.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE