Foster v. Hardy et al (INMATE 2), No. 2:2008cv00567 - Document 10 (M.D. Ala. 2008)

Court Description: OPINION AND ORDER that the 9 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice for the plaintiff's abandonment of his claims, his failure to properly prosecute this action and his failure to comply with the orders of this court. Signed by Honorable Truman M. Hobbs on 10/23/2008. (cb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION BENJAMIN SHANE FOSTER, Plaintiff, v. CPT. A. J. HARDY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:08cv567-TMH (WO) OPINION and ORDER On September 15, 2008, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 9). 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 and is hereby DISMISSED without prejudice for the plaintiff s abandonment of his claims, his failure to properly prosecute this action and his failure to comply with the orders of this court. Done this the 23 rd day of October 2008. /s/ Truman M. Hobbs _______________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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