Elda Hernandez v. HMSHost Corporation et al

Filing 18

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)

Download PDF
FILED 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 EASTERN DIVISION JOHNNY RAY TAYLOR, JR., Plaintiff, v. WILLIAM ERNEST HOLLINGSWORTH, III, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 1:21-cv-01167-RDP-JHE MEMORANDUM OPINION 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?