Loxley South, LLC v. Western Express, Inc. et al

Filing 37

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS re 13 MOTION to Dismiss filed by Donna Wise, Wayne W. Wise, recommending that defendants' motion to dismiss be granted without prejudice. Signed by Judge Kristi K. DuBose on 5/19/2010. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LOXLEY SOUTH, L.L.C., ) ) Plaintiff, ) ) v. ) ) WESTERN EXPRESS, INC., ) WAYNE W. WISE, DONNA WISE, and ) JPMORGAN CHASE BANK, N.A., ) ) Defendants. )

CIVIL ACTION NO. 10-00024-KD-N

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)(B) and dated April 29, 2010 (doc. 32) is ADOPTED as the opinion of this Court. It is ORDERED that the motion to dismiss filed by Defendants Wayne W. Wise and Donna Wise (doc. 13) be and is hereby GRANTED, and defendants Wayne W. Wise and Donna Wise are dismissed without prejudice from this action. DONE this May 19, 2010. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE