Butler v. Allen et al

Filing 43

ORDER ADOPTING 42 REPORT AND RECOMMENDATION as set out. Dft's 35 MOTION to Dismiss is GRANTED as set out. Signed by Judge Callie V. S. Granade on 5/26/10. (copies to Robin Ramsey & Priscilla Putsinovski as next of kin on 5/27/10) (tot) Modified on 5/26/2010 (tot).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALLAN BUTLER, Plaintiff, v. R. ROBERTS, Defendant. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 07-0037-CG-B

ORDER After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 is adopted as the opinion of this Court. It is hereby ORDERED that Defendant's motion to dismiss (Doc. 35) is hereby GRANTED pursuant to Rule 25(a) of the Federal Rules of Civil Procedure. DONE and ORDERED this 26th day of May, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE