Oliver v. WHNT 19 News et al

Filing 7

MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 3/17/2013. (KAM, )

FILED
2013 Mar-18 AM 09:40
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
TAVARES ANTWAN OLIVER,
Plaintiff,
v.
WHNT 19 NEWS, et. al.,
Defendants.

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Case No. 5:12-cv-02043-SLB-MHH

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on December 3, 2012,
recommending that this action, docketed by the clerk as an action pursuant to 42 U.S.C. § 1983, be
dismissed without prejudice for lack of subject matter jurisdiction under Rule 12(h)(3) of the Federal
Rules of Civil Procedure. The magistrate judge further recommended that the order granting the
plaintiff leave to proceed in forma pauperis and requiring him to return a signed Prisoner Consent
Form and pay a partial filing fee of $10.85 (doc. 3) be vacated, that the partial filing fee be returned
to the plaintiff, and the that the Warden Order requiring future payments toward the filing fee (doc.
5) also be vacated. No objections were filed.
Having carefully reviewed and considered de novo all the materials in the court file, including
the report and recommendation, the Court is of the opinion that the magistrate judge's report is due
to be and is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, both the
order granting the plaintiff leave to proceed in forma pauperis and requiring him to return a signed
Prisoner Consent Form and pay a partial filing fee of $10.85 (doc. 3) as well as the Warden Order
requiring future payments toward the filing fee (doc. 5) are due to be VACATED, the partial filing

fee of $10.85 paid by the plaintiff is due to be returned to him, and this action is due to be dismissed
pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure and the authorities cited by the
Magistrate Judge in her report and recommendation.
A Final Judgment will be entered.
DONE, this17th day of March, 2013.

SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE

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