Lemming v. Shinholster et al

Filing 10

RECOMMENDATION to grant 9 MOTION to Dismiss Complaint filed by Steve Lemming and that said dismissal be without prejudice. Objections to R&R due by 11/14/2006. Ordered by Judge Claude W. Hicks Jr. on 10/25/06. (Hicks, Claude)

Lemming v. Shinholster et al

Doc. 10

Case 5:06-cv-00331-CAR Document 10 Filed 10/25/2006 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION STEVE LEMMING, Plaintiff VS.

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NO. 5: 06-CV-331 (DF)
MR. SHINHOLSTER, et al., Defendants PROCEEDINGS UNDER 42 U.S.C. §1983 BEFORE THE U. S. MAGISTRATE JUDGE

RECOMMENDATION
Plaintiff STEVE LEMMING filed the above-captioned case on September 22, 2006, in a complaint that named seventeen defendants but provided no allegations against any defendant. Plaintiff stated therein that a typed complaint would follow. Tab #1. The undersigned directed plaintiff to RECAST his complaint. Tab #8. Plaintiff has instead filed a motion to voluntarily dismiss his action without prejudice. Tab #9. Since service has not yet been ordered, IT IS RECOMMENDED that plaintiff's MOTION TO DISMISS (Tab #9) be GRANTED and that the dismissal be without prejudice to his right to refile at a later time, provided he otherwise meets the requirements of law. Pursuant to 28 U.S.C. §636(b)(1), the plaintiff may serve and file written objections to this RECOMMENDATION with the district judge to whom this case is assigned WITHIN TEN (10) DAYS after being served with a copy thereof. SO ORDERED, this 25th day of OCTOBER, 2006.

CLAUDE W. HICKS, JR. UNITED STATES MAGISTRATE JUDGE

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