Smitherman v. Whiddon (INMATE 2), No. 2:2013cv00326 - Document 12 (M.D. Ala. 2013)

Court Description: OPINION and ORDER that the 11 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be dismissed without prejudice. Signed by Honorable Judge Truman M. Hobbs on 10/31/2013. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JAMES HENRY SMITHERMAN, #223 907, Plaintiff, v. SHIRLEY WHIDDON, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:13-cv-326-TMH [wo] OPINION and ORDER On September 18, 2013, the Magistrate Judge filed a Recommendation in this case dismissing this case without prejudice pursuant to Plaintiff s Motion for Voluntary Dismissal. (Doc. 11) No timely objections have been filed. 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 dismissed without prejudice. DONE this 31st day of October, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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