Williams v. Jones et al

Filing 12

ORDER ADOPTING 6 REPORT AND RECOMMENDATION. This action is DISMISSED w/prejudice pursuant to 28 U.S.C. Sec. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. Plf's 11 MOTION to Amend 1 Complaint is DENIED as set out. Signed by Chief Judge Callie V. S. Granade on 9/17/09. (copy mailed to Plf on 9/18/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JANICE DIXON WILLIAMS, Plaintiff, vs. TOM JONES, et al., Defendants. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(A) is ADOPTED as the opinion of this Court. 1 It is ORDERED that this action be and is hereby DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. DONE and ORDERED this 17th day of September, 2009. CIVIL ACTION 08-0422-CG-M

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

Although plaintiff filed no objection to the Report and Recommendation, she did file a motion to amend her complaint, seeking to drop the governmental entities as defendants, and add further explaining the basis for remedy against Defendants Tom Jones and East Bay Kia Motors. (Docs 11-1, 11-2). Because the proposed new complaint does not cure any of the jurisdictional defects against the individual defendants addressed in the Report and Recommendation, the motion is likewise DENIED.

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