Prince v. The State of Alabama(JOINT ASSIGN)(MAG+)

Filing 13

ORDERED as follows: (1) Plaintiff's 12 objection is OVERRULED; (2) The 11 Recommendation is ADOPTED; (3) Defendant's 7 motion to dismiss is GRANTED; (4) Plaintiff's claim against the State of Alabama relating to his surname is DI SMISSED without prejudice as barred by the Eleventh Amendment; (5) Plaintiff's remaining claims are DISMISSED without prejudice for lack of jurisdiction; and (6) Plaintiff is GRANTED to and including December 12, 2015, to move for leave to file an amended complaint. If Plaintiff does not move for leave to file an amended complaint within the time permitted, final judgment will be entered against Plaintiff. Signed by Chief Judge William Keith Watkins on 12/3/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WILLIE PRINCE, JR.,
Plaintiff,
v.
THE STATE OF ALABAMA,
Defendant.

)
)
)
)
)
)
)
)
)

CASE NO. 2:15-CV-634-WKW
[WO]

ORDER
On November 9, 2015, the Magistrate Judge filed a Recommendation (Doc.
# 11) to which Plaintiff filed an objection (Doc. # 12). The court has conducted an
independent and de novo review of those portions of the Recommendation to
which objection is made, see 28 U.S.C. § 636(b), and finds that the objection is
without merit. Accordingly, it is ORDERED as follows:
(1)

Plaintiff’s objection (Doc. # 12) is OVERRULED;

(2)

The Recommendation (Doc. # 11) is ADOPTED;

(3)

Defendant’s motion to dismiss (Doc. # 7) is GRANTED;

(4)

Plaintiff’s claim against the State of Alabama relating to his surname

is DISMISSED without prejudice as barred by the Eleventh Amendment;

(5)

Plaintiff’s remaining claims are DISMISSED without prejudice for

lack of jurisdiction; and
(6)

Plaintiff is GRANTED to and including December 12, 2015, to move

for leave to file an amended complaint. If Plaintiff does not move for leave to file
an amended complaint within the time permitted, final judgment will be entered
against Plaintiff.
DONE this 3rd day of December, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2