Welch v. Atmore Community Hospital

Filing 9

ORDER ADOPTING 7 REPORT AND RECOMMENDATION. This action is DISMISSED without prejudice for lack of subject matter jurisdiction as set out. Signed by Senior Judge Callie V. S. Granade on 3/6/2017. (copy mailed to Plf on 3/6/17) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ELMORE S. WELCH, JR.,

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Plaintiff,
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vs.
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ATMORE COMMUNITY HOSPITAL, )
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Defendant.
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CIVIL ACTION NO. 16-0618-CG-N

ORDER
After due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objection is made,
the Report and Recommendation (Doc. 7) 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 February 17, 2017, is ADOPTED as the opinion of
this Court.
Accordingly, it is ORDERED that this action is DISMISSED without
prejudice under Federal Rule of Civil Procedure 12(h)(3) for lack of subject-matter
jurisdiction.
Final judgment shall be entered by separate document in accordance with
Federal Rule of Civil Procedure 58.
DONE and ORDERED this 6th day of March, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE