Lewis v. Calhoun et al (INMATE 3)

Filing 33

MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: The Recommendation of the Magistrate Judge (doc. 30 ) is ADOPTED; The Defendants' answer and special report (doc. 21 ) is construed as a motion to dismiss, and the motion to dismiss (doc. 21 ) is GRANTED; This case is DISMISSED with prejudice. Signed by Chief Judge Emily C. Marks on 7/8/2024. (c/s) (LAB)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL LEWIS, Reg. No. 49803-074, Plaintiff, v. CALVIS CALHOUN, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL CASE NO. 2:21-cv-405-ECM MEMORANDUM OPINION and ORDER On May 30, 2024, the Magistrate Judge entered a Recommendation (doc. 30) to which no timely objections have been filed. 1 Upon an independent review of the file and upon consideration of the Recommendation, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (doc. 30) is ADOPTED; 2. The Defendants’ answer and special report (doc. 21) is construed as a motion to dismiss, and the motion to dismiss (doc. 21) is GRANTED; 3. This case is DISMISSED with prejudice. A separate Final Judgment will be entered. Objections originally were due on June 14, 2024. (Doc. 30 at 13). On June 18, 2024, the Court granted the Plaintiff’s motion for extension of time to file objections and extended the objection deadline to June 28, 2024. (Doc. 32). 1 DONE this 8th day of July, 2024. /s/ Emily C. Marks EMILY C. MARKS CHIEF UNITED STATES DISTRICT JUDGE 2

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