Aloba v. Department of Justice
MEMORANDUM OPINION. Signed by Judge R David Proctor on 5/23/2023. (KAM)
2023 May-23 PM 04:19
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DEPARTMENT OF JUSTICE,
Case No. 1:23-cv-00254-RDP-SGC
The Magistrate Judge entered a Report and Recommendation on April 13, 2023,
recommending the dismissal of this action without prejudice under the so-called “three strikes”
provision of 28 U.S.C. § 1915(g). (Doc. 2). Because it appeared Aloba did not receive a copy of
the Report and Recommendation mailed to his old address, on April 26, 2023 the Clerk was
directed to resend a copy (Doc. 2), along with a copy of the Order (Doc. 3), to his new address.
Aloba’s fourteen-day deadline to object to the Report and Recommendation ran from the date of
the April 26, 2023 Order. (Doc. 3). Although the Magistrate Judge advised Plaintiff of his right to
file written objections within fourteen days, the court has not received any objections. The time to
object has expired.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court ADOPTS the Report and ACCEPTS the Recommendation.
Consistent with that recommendation, all claims presented in this matter are due to be dismissed
without prejudice under the three-strikes provision of 28 U.S.C. § 1915(g).
A final judgment will be entered.
DONE and ORDERED this May 23, 2023.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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