Smith v. Wood et al

Filing 5

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

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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 ) ) ) ) ) CASE NO. 5:13-cv-00299-SLB-TMP ) ) ) ) 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

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