Lee v. Smithart et al (INMATE 2)

Filing 24

ORDERED as follows: 1) The 23 Recommendation of the Magistrate Judge is ADOPTED; and 2) this case is DISMISSED without prejudice. Signed by Chief Judge William Keith Watkins on 4/30/2012. (wcl, ) (Main Document 24 replaced on 4/30/2012) (wcl, ). Modified on 4/30/2012 to attach a corrected PDF document to correct a typographical error contained in the plaintiff's AIS number (wcl, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION RASHAD C. LEE, # 213823, Plaintiff, v. LEON BERNARD SMITHART, KELLI WISE MILLS, WILBERT JERNIGAN, BENJAMIN REEVES, and RAYMOND RODGERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:11-CV-1078-WKW ORDER On April 4, 2012, the Magistrate Judge filed a Report and Recommendation (Doc. # 23). No timely objections have been filed. Based upon an independent review of the file in this case and upon CONSIDERATION of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 23) is ADOPTED; and 2. this case is DISMISSED without prejudice. A separate final judgment will be issued. DONE this 30th day of April, 2012. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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