Lynch v. Newson et al (INMATE 1)

Filing 7

OPINION and ORDER that it is ORDERED and ADJUDGED that the 4 Report and Recommendation of the Mag Judge be and is hereby ADOPTED, and that this case be and is hereby DISMISSED without prejudice pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i), (ii) (iii) and for the Plaintiffs failure to comply with the orders of this court and his failure to properly continue the prosecution of this case. Signed by Honorable Judge Truman M. Hobbs on 6/19/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
MCARTHUR LYNCH, JR.
Plaintiff,
v.
AMY NEWSON, et. al.,
Defendants.

)
)
)
)
)
)
)
)
)

CASE NO. 3:13-cv-185-TMH
[wo]

OPINION and ORDER
On April 2, 2013, the Magistrate Judge filed a Recommendation in this case
dismissing claims against Amy Newson, James Bailey, William Delar, Billy Lane, Mary
Craig, Lacretha Trammell, and the Randolph County D.H.R. in accordance with 28
U.S.C.§ 1915(e)(2)(B)(i) (ii) and (iii); dismissing without prejudice claims challenging
the constitutionality of convictions imposed upon the Plaintiff in November of 2012 by
the Circuit Court of Randolph County, Alabama pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii), as such claims are not properly before this court at this time and
dismissing this case prior to service of process in accordance with the directives of 28
U.S.C.§ 1915(e)(2)(B)(i) (ii) and (iii). (Doc. No. 4). No timely objections have been
filed to the Recommendation.
Upon an independent review of the file in this case and upon consideration of the
Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge

be and is hereby ADOPTED, and that this case be and is hereby DISMISSED without
prejudice pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i), (ii) (iii) and for the Plaintiff’s failure
to comply with the orders of this court and his failure to properly continue the prosecution
of this case.
DONE this the 19th day of June, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

2