Duncan v. Jones et al (INMATE 1), No. 2:2009cv00661 - Document 16 (M.D. Ala. 2009)
Court Description: OPINION AND ORDER ADOPTING 15 REPORT AND RECOMMENDATION and that this case be and is hereby DISMISSED without prejudice. An appropriate judgment will be entered. Signed by Honorable Ira De Ment on 11/10/2009. (dmn) [Modified on 11/10/2009 to include the word "OPINION" which was omitted in error when originally filed.-DMN]
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JOHN DUNCAN, AIS # 180841, Plaintiff, v. KENNETH JONES, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv661-ID (WO) OPINION and ORDER This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on October 16, 2009 (Doc. No. 15), that this case be dismissed without prejudice for the plaintiff s abandonment of his claims, his failure to comply with the orders of this court and his failure to properly continue prosecution of this cause of action. After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire record, the court believes that the recommendation should be adopted. Accordingly, 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. An appropriate judgment will be entered. Done this the 10 th day of November 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE
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