Carstarphen v. Carr Allison Law Firm et al

Filing 28

ORDER ADOPTING 22 REPORT AND RECOMMENDATION. Dfts' 7 MOTION to Dismiss, 14 MOTION to Dismiss are MOOT, & this action is DISMISSED without prejudice as set out. Signed by Senior Judge Callie V. S. Granade on 10/18/2016. (copy mailed to Plf on 10/19/16) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDRE CARSTARPHEN, SR., Plaintiff, vs. CARR ALLISON LAW FIRM, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 16-0368-CG-N ORDER After due and proper consideration of the issues raised, and there having been no objections file,1 the Report and Recommendation (Doc. 22) of the Magistrate Judge 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)(S), and dated September 16, 2016, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Defendants’ motions to dismiss (Docs. 7, 14) are MOOT and that this action is DISMISSED without prejudice under Federal Rule of Civil Procedure 12(h)(3) for lack of subject-matter jurisdiction. In accordance with Federal Rule of Civil Procedure 58, final judgment shall be entered by separate document. DONE and ORDERED this 18th day of October, 2016. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE 1 The Court NOTES the Plaintiff’s Motion to End (Dismiss) & Restore (Doc. 24), Defendant, Circuit Court Judge James C. Wood’s response thereto (Doc. 26), and the Plaintiff’s second motion to dismiss (Doc. 27).

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