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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ELMORE S. WELCH, JR., ) ) Plaintiff, ) ) vs. ) ) ATMORE COMMUNITY HOSPITAL, ) ) Defendant. ) 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. ยง 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

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