Johnson v. Mcanty et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATION entered that due to plaintiff's failure to prosecute this action, and upon consideration of the alternatives that are available to the Court, it is recommended that this action be dismissed without prejudice pursuant to Rule 41(b) of the FRCP.. Signed by Judge Kristi K. DuBose on 12/23/09. (mca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVID JOHNSON, Plaintiff, vs. SGT. JEFF MCANTY, et al., Defendants. : : : : : : :

CIVIL ACTION 09-0579-KD-M

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues 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)(B) and dated November 23, 2009, is ADOPTED as the opinion of this Court. It is ORDERED that this action be and is hereby DISMISSED without prejudice for failure to prosecute and to obey the Court's Order. DONE and ORDERED this the 23rd day of December 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE