Carstarphen v. Mobile County Sheriff et al

Filing 33

ORDER ADOPTING (WITH ADDITIONAL FINDINGS) 31 REPORT AND RECOMMENDATIONS re 27 MOTION to Dismiss filed by Mobile Police Department and 29 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 41(b) and Renewed Motion to Dismiss under Fed.R.Civ.P. 12(b)(1) & (6) filed by Mobile County Sheriff. The motions are granted as set out and Plaintiff's complaint is dismissed with prejudice for failure to comply with a court order pursuant to Rule 41(b). Signed by Judge Kristi K. DuBose on 12/21/2016. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TOM CARSTARPHEN, Plaintiff, v. MOBILE COUNTY SHERIFF, et al., Defendants. : : : : : : : CIVIL ACTION 15-00519-KD-C ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated December 9, 2016, is ADOPTED as the opinion of this Court with the following ADDITIONAL findings: Plaintiff’s Objection (Doc. 32) is an attempt to file an untimely amended complaint but in doing so, Plaintiff fails to address the reasons for the dismissal of his case (i.e., his failure to respond to the Court’s July 25, 2016 Order (Doc. 26) and failure to respond to the Defendant’s motions to dismiss). Accordingly, it is ORDERED that Defendant City of Mobile Police Department’s Motion to Dismiss (Doc. 27) and Defendant Mobile County Sheriff Sam Cochran’s Motion to Dismiss (Doc. 29) are GRANTED such that Plaintiff’s Complaint is hereby DISMISSED WITH PREJUDICE for failure to comply with a court order pursuant to Rule 41(b). DONE and ORDERED this the 21st day of December 2016. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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