Cole v. Pilgrims Pride

Filing 4

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/9/2014. (JLC)

FILED
2014 Dec-09 AM 09:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

VICTOR SHAWN COLE,
Plaintiff,
v.
PILGRIMS PRIDE,
Defendant.

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Case No.: 4:14-CV-2135-VEH

MEMORANDUM OPINION
On November 5, 2014, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. No objections to
the magistrate judge’s report and recommendation have been filed by the plaintiff or
the defendant.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge except to the extent that it recommends that Plaintiff’s lawsuit be dismissed
with prejudice. Instead, because the analysis contained in the report and
recommendation is jurisdictionally-driven, the only appropriate type of dismissal is
a without prejudice one. See, e.g., Stalley ex rel. U.S. v. Orlando Reg’l Healthcare
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Sys., Inc., 524 F.3d 1229, 1235 (11th Cir. 2008) (affirming district court dismissal for
lack of jurisdiction but reversing for entry of dismissal without prejudice rather than
with prejudice). Relatedly, in the absence of any subject matter jurisdiction, Plaintiff’s
Motion for Leave To Proceed In Forma Pauperis and Motion To Appoint Counsel
(Doc. 2) are both due to be termed as moot. The court therefore ACCEPTS the
recommendations of the magistrate judge as modified herein and this action shall be
dismissed without prejudice.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE and ORDERED this the 9th day of December, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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