McAteer v. King (INMATE 1)(LEAD), No. 2:2009cv00361 - Document 118 (M.D. Ala. 2012)
Court Description: ORDER AND OPINION directing that, upon an independent review of the file in this case and upon consideration of the 110 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is her eby ADOPTED and that: (1.) The plaintiff's 103 motion to dismiss is GRANTED; (2.) Case No. 2:09cv676-MEF is DISMISSED with prejudice, as the claims raised therein are moot; (3.) This case shall henceforth proceed only the claims raised in the complaint filed in Case No. 2:09cv361-MEF. Signed by Honorable Judge Mark E. Fuller on 5/29/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROY LEE McATEER, #147346, ) ) Plaintiff, ) v. ) ) TROY KING, ) ) Defendant. ) ---------------------------------------------------- ) ROY LEE McATEER, #147346, ) ) Plaintiff, ) v. ) ) RICHARD ALLEN, et al., ) ) Defendants. ) CIVIL ACTION NO. 2:09cv361-MEF CIVIL ACTION NO. 2:09cv676-MEF ORDER AND OPINION On May 4, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 110). 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: 1. The plaintiff s motion to dismiss is GRANTED. 2. Case No. 2:09cv676-MEF is DISMISSED with prejudice, as the claims raised therein are moot. 3. This case shall henceforth proceed only the claims raised in the complaint filed in Case No. 2:09cv361-MEF. th Done this the 29 day of May, 2012. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2
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