Elda Hernandez v. HMSHost Corporation et al
ORDER OF DISMISSAL by Judge George H. Wu. Good cause appearing, the Parties' Stipulation for Dismissal is approved. The entire action is hereby dismissed with prejudice as to all claims, causes ofaction, and Parties, with each party bearing that party's own attorney's fees and costs. RE Stipulation to Dismiss Case 17 . Case Terminated. Made JS-6. (aco)
Case 1:21-cv-01167-RDP-JHE Document 14 Filed 05/10/22 Page 1 of 2
2022 May-10 AM 08:47
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JOHNNY RAY TAYLOR, JR.,
HOLLINGSWORTH, III, et al.,
Case No. 1:21-cv-01167-RDP-JHE
Plaintiff Johnny Ray Taylor, Jr. filed a pro se complaint under 42 U.S.C. § 1983 alleging
violations of his rights under the Constitution or laws of the United States. (Doc. 1). On April 11,
2022, the Magistrate Judge entered a Report and Recommendation recommending the dismissal
of this action without prejudice under 28 U.S.C. § 1915A(b)(1)-(2) for failing to state a claim upon
which relief can be granted and seeking monetary relief from a defendant who is immune from
such relief. (Doc. 13). The Magistrate Judge further recommended that Taylor’s motion for
default judgment (Doc. 12) be denied. (Id.). Although the Magistrate Judge advised Taylor of his
right to file written objections within 14 days, the court has not received any objections.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court ADOPTS the Report and ACCEPTS the Recommendation.
Consistent with that recommendation and 28 U.S.C. § 1915A(b)(1)-(2), this action is due to be
dismissed without prejudice for failing to state a claim upon which relief can be granted and
seeking monetary relief from a defendant who is immune from such relief. Additionally, Taylor’s
motion for default judgment (doc. 12) is due to be denied.
A Final Judgment will be entered.
Case 1:21-cv-01167-RDP-JHE Document 14 Filed 05/10/22 Page 2 of 2
DONE and ORDERED this May 9, 2022.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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