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Carey v. Knight

United States District Court, M.D. Alabama, Northern Division

January 30, 2015

CARLOS CAREY, AIS #245045, Plaintiff,
v.
MS. KNIGHT, et al., Defendants.

RECOMMENDATION OF THE MAGISTRATE JUDGE

WALLACE CAPEL, Jr., Magistrate Judge.

The plaintiff, an indigent state inmate, initiated this 42 U.S.C. ยง 1983 action on January 20, 2015.[1] Subsequently, and prior to service of the complaint, the plaintiff filed a "Motion to Dismiss Complaint" in which he seeks dismissal of this case as the sole "issue has been resolved." Doc. No. 3 at 1.

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 defendants, the court finds that this case should be dismissed without prejudice. Fed.R.Civ.P. 41(a)(1).

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:

1. The plaintiff's motion to dismiss be GRANTED.
2. This case be dismissed without prejudice.
3. No costs or fees be taxed herein.

It is further

ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before February 13, 2015. 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 parties are 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 recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report 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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