Ngo v. Howard (INMATE 1), No. 2:2008cv00649 - Document 5 (M.D. Ala. 2008)
Court Description: ORDER AND OPINION ADOPTING 4 REPORT AND RECOMMENDATIONS re 3 MOTION to Dismiss filed by Elvis Ngo; granting 3 Motion to Dismiss filed by Elvis Ngo and this case is dismissed without prejudice. Signed by Honorable Truman M. Hobbs on 10/23/08. (Attachments: # 1 appeals checklist)(vma, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ELVIS NGO, Reg. No. 07562-043, Plaintiff, v. LARRY HOWARD, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:08cv649-TMH ORDER AND OPINION On September 25, 2008, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). 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 the plaintiff's motion to dismiss is GRANTED and this case is DISMISSED without prejudice. Done this the 23rd day of October, 2008. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE TRUMAN M. HOBBS
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