Blackman v. Partridge et al

Filing 23

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS and granting 19 MOTION to Dismiss for Lack of Prosecution. Blackman's claims against the Defendants in this action are dismissed with prejudice and Defendants' counterclaims against Blackman are dismissed without prejudice. Signed by Chief Judge Kristi K. DuBose on 12/20/17. (copy mailed to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ALFRED BLACKMAN,
Plaintiff/Counter Defendant,
v.
DOROTHY PARTRIDGE, HAROLD
PARTIDGE, and HAPPY HOME
INSULATION COMPANY a/k/a
Happy Home Improvement, Inc.
Defendants/Counterclaimants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 17-00160-KD-N

ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendations (Doc. 24) 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 December 1, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Defendants’ Motion to Dismiss for Failure to
Prosecute (Doc. 19) is GRANTED, that Plaintiff Alfred Blackman’s claims against the
Defendants in this action are DISMISSED with prejudice under Federal Rule of Civil
Procedure 41(b), and that the Defendants’ counterclaims against Blackman are DISMISSED
without prejudice under Federal Rule of Civil Procedure 41(a)(2).
Final judgment shall issue separately in accordance with this order and Federal Rule of
Civil Procedure 58.
DONE and ORDERED this the 20th day of December 2017.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE