Cunningham v. Mr. Knous et al

Filing 41

ORDER ADOPTING 40 REPORT AND RECOMMENDATION. The remaining claims against Dft Gloria McClain are DISMISSED without prejudice sua sponte for Plf's failure to make the required payments under 28 U.S.C. § 1915(b) or, alternatively, for failure to prosecute & obey the Court's orders as set out. All claims having been dismissed, all pending motions are MOOT. Signed by Senior Judge Callie V. S. Granade on 8/10/2017. (copy mailed to Plf on 8/10/17) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES WILLIAM
CUNNINGHAM, JR.,
Plaintiff,
vs.
MR. KNOUS, et al.,
Defendants.

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CIVIL ACTION NO. 16-180-CG-N

ORDER
After due and proper consideration of the issues raised, and there having
been no objections filed, the Report and Recommendation of the Magistrate Judge
(Doc. 40) made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure
72(b), and S.D. Ala. GenLR 72(a)(2)(R), and dated July 19, 2017, is ADOPTED as
the opinion of this Court.
Accordingly, it is ORDERED that the remaining claims against Defendant
Gloria McClain are DISMISSED without prejudice sua sponte for the Plaintiff’s
failure to make the required payments under 28 U.S.C. § 1915(b) or, alternatively,
for failure to prosecute and obey the Court’s orders under both Federal Rule of Civil
Procedure 41(b) and the Court’s inherent authority to manage its docket. All claims
having been dismissed, it is further ORDERED that all pending motions are
MOOT.
Final judgment shall be entered accordingly by separate document in
accordance with this Order, the Court’s June 9, 2017 Order granting summary

judgment to the other Defendants (Doc. 39), and Federal Rule of Civil Procedure 58.
DONE and ORDERED this 10th day of August, 2017.

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

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