Gardner v. Hives (INMATE 2), No. 2:2012cv00173 - Document 17 (M.D. Ala. 2012)

Court Description: OPINION and ORDER; that the 16 Recommendation of the Magistrate Judge be and is hereby ADOPTED, the Plaintiff's 15 motion to dismiss be and is hereby GRANTED, and that this case be and is hereby DISMISSED without prejudice. Signed by Honorable Judge Truman M. Hobbs on 5/17/2012. (jg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DAMION J. GARDNER, #228800, Plaintiff, v. OFFICER REHOBETH HIVES, Defendant. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 2:12cv173-TMH (WO) OPINION and ORDER On April 26, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 16). 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, the Plaintiff s motion to dismiss be and is hereby GRANTED, and that this case be and is hereby DISMISSED without prejudice. Done this 17th day of May, 2012. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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