Butler v. Jackson Hospital (MAG+), No. 2:2012cv00669 - Document 11 (M.D. Ala. 2012)

Court Description: OPINION and ORDER directing that, upon an independent review of the file in this case and upon consideration of the 8 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the 8 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be DISMISSED without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Judge Truman M. Hobbs on 10/3/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION EUGENE BUTLER, Plaintiff, v. JACKSON HOSPITAL, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 2:12-cv-669-TMH [wo] OPINION and ORDER On August 23, 2012, the Magistrate Judge filed a Recommendation in this case to dismiss the action without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii) because the court has no jurisdiction over this action. (Doc. 8). No objections have been filed to the Recommendation. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be DISMISSED without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Done this the 3rd day of October, 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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