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Lidge v. Ellington

United States District Court, Middle District of Alabama, Northern Division

June 5, 2014

TRENA Y. LIDGE, #164709, Plaintiff,
v.
EDWARD ELLINGTON, Defendant.

RECOMMENDATION OF THE MAGISTRATE JUDGE

SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

Trena Y. Lidge [“Lidge”], a state inmate, filed the instant 42 U.S.C. § 1983 action on April 9, 2014. In this complaint, Lidge challenges the constitutionality of a disciplinary lodged against her for possession of contraband. Subsequently, and prior to service of the complaint, Lidge filed a motion to dismiss in which she seeks dismissal of this case (Doc. No. 6).

Upon consideration of the plaintiff’s motion to dismiss, the court concludes that this motion is due to be granted. Furthermore, since the complaint has not been served on the defendant, the case should be dismissed without prejudice. Rule 41(a)(1), Federal Rules of Civil Procedure.

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that the plaintiff’s motion to dismiss be granted and that this case be dismissed without prejudice. It is further

ORDERED that on or before June 19, 2014, the plaintiff may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge’s Recommendation to which the party is objecting. Frivolous, conclusive or general objections will not be considered by the District Court. The plaintiff is advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.

Failure to file written objections to the proposed findings and advisements in the Magistrate Judge’s Recommendation shall bar the plaintiff from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the plaintiff from attacking on appeal factual findings in the Recommendation accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.


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