Topping et al v. Dunn et al, No. 1:2020cv00606 - Document 21 (S.D. Ala. 2021)

Court Description: MEMORANDUM OPINION & ORDER ADOPTING 20 REPORT AND RECOMMENDATION. This action is DISMISSED without prejudice, prior to service of process, as set out. Signed by District Judge Terry F. Moorer on 12/1/21. (copy mailed to Plf on 12/1/21) (tot)

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Topping et al v. Dunn et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOSEPH SCOTT TOPPING, #202189, ) ) ) ) ) ) ) ) ) Plaintiff, vs. JEFFERSON S. DUNN, et al., Defendant. CIV. ACT. NO. 1:20-cv-606-TFM-MU MEMORANDUM OPINION AND ORDER On October 19, 2021, the Magistrate Judge entered a Report and Recommendation which recommends this action be dismissed prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B). See Doc. 20. No objections were filed. As such, the matter is ripe for review. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 20) is ADOPTED as the opinion of this Court. It is ORDERED that this action is DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-ii) or, alternatively, for failure to obey the Court’s order under Fed. R. Civ. P. 41(b). A separate judgment will be entered. DONE and ORDERED this 1st day of December, 2021. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com

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