Broach v. Thomas et al

Filing 9

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Tony Curtis Broach. The complaint is dismissed without prejudice pursuant to 28 USC 1915(g). Signed by Judge Kristi K. DuBose on 5/8/2015. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TONY CURTIS BROACH, #136351,

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Plaintiff,

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vs.

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KIM THOMAS, et al.,

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Defendants.

CIVIL ACTION 15-42-KD-C

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ORDER

Previously, the Order and Judgment entered March 6, 2015 were vacated on
basis that Plaintiff Tony Curtis Broach had not received a copy of the Report and
Recommendation and therefore, had no opportunity to file any objection (docs. 5-8).
Copies of the Order vacating the Order and Judgment and the Report and
Recommendation were mailed to Broach on April 7, 2015 (doc. 8). Broach was directed
to file any objection within the time frame set forth in the Report and Recommendation
(Id). Objections were due on April 27, 2015. To date, no objection has been received.
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 (doc. 3) made under 28 U.S.C. § 636(b)(1)(B) is
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that this action be and is hereby DISMISSED
without prejudice pursuant to 28 U.S.C. § 1915(g).
DONE this the 8th day of May 2015.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE