Smith v. Wood et al

Filing 5

MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 7/3/2013. (KAM, )

FILED
2013 Jul-05 AM 09:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JOHNNIE L. SMITH,
Plaintiff
vs.
JERRY WOOD, et al.,
Defendants

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) CASE NO. 5:13-cv-00299-SLB-TMP
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MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on March 28, 2013, recommending
that the plaintiff’s motion to proceed in forma pauperis be denied, and this action be dismissed
without prejudice for lack of subject matter jurisdiction under Rule 12(h)(3) of the Federal Rules
of Civil Procedure and 28 U.S.C. § 1915(e); Morrison v. Allstate Indem. Co., 228 F.3d 1255,

1261 (11th Cir. 2000). (Doc. 4). 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. This case is due to be
DISMISSED, without prejudice, for lack of subject matter jurisdiction, and all pending motions are
due to be DENIED, as MOOT.
A Final Judgment will be entered.
DATED this 3rd day of July, 2013.

SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE