King v. Pinkney

Filing 22

ORDER, OVERRULING Plaintiff's 19 objection; ADOPTING 16 Report and Recommendation; DISMISSING without prejudice; and ORDERING Plaintiff to file an amended complaint as set out in Order no later than 6/8/2017. Signed by Senior Judge Callie V. S. Granade on 5/25/2017. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAWRENCE D. KING, Plaintiff, vs. ELAINE KENNEDY PINKNEY, Defendant. ) ) ) ) ) CIVIL ACTION NO. 16–559–CG–C ) ) ) ) ) ) ORDER This matter is before the Court on the Report and Recommendation of the Magistrate Judge, dated April 20, 2017 (Doc. 16) and Plaintiff’s objection (Doc. 19) thereto. 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 recommendation to which objection is made, the Court agrees with the recommendation of the Magistrate Judge that the Plaintiff’s claims brought on behalf of his mother, deceased, and his sister should be dismissed without prejudice. Plaintiff’s objection has pointed to no law allowing him to bring suit on behalf of his mother’s estate or his sister as a personal representative. Further, it is obvious from a de novo review of the Magistrate Judge’s Report and Recommendation that the allegations set forth in the complaint were taken as true and construed in the light most favorable to Plaintiff. As such, Plaintiff’s objection to the Report and Recommendation is hereby OVERRULED, and the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff’s claims asserted on behalf of his mother Marva Lee King, deceased, and his sister Shelia D. Tribbitt are hereby DISMISSED without prejudice. Further, Plaintiff is ORDERED to file an amended complaint setting forth his personal claim or claims against Defendant Elaine Kennedy Pinkney no later than June 8, 2017. DONE and ORDERED this 25th day of May, 2017. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE 2

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