Plain v. Strange et al (MAG+), No. 2:2019cv00115 - Document 14 (M.D. Ala. 2020)

Court Description: MEMORANDUM OPINION and ORDER directing as follows: (1) the plf's 13 Objections are OVERRULED ; (2) the plf's 8 request for a Preliminary Injunction is DENIED as moot; (3) the 12 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; and (4) this case is DISMISSED without prejudice; a final judgment will be entered. Signed by Chief Judge Emily C. Marks on 3/12/2020. (djy, )

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Plain v. Strange et al (MAG+) Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KOWAN PLAIN, Plaintiff, v. TODD STRANGE, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 2:19-cv-115-ECM (WO) MEMORANDUM OPINION and ORDER Now pending before the court is the Report and Recommendation of the Magistrate Judge (doc. 12) which recommends that this case be dismissed prior to service of process pursuant to 28 U.S.C. § 1915(e). On February 5, 2020, the Plaintiff filed a response to the Recommendation which the Court construes as objections to the Recommendation. (Doc. 13). The Court has carefully reviewed the record in this case, including the Magistrate Judge’s Report and Recommendation, and the Plaintiff’s objections. See 28 U.S.C. § 636(b). In his objections, the Plaintiff concedes that he failed to file an amended complaint in accordance with the orders of the Court. To date, he has still failed to file an amended complaint. Accordingly, it is ORDERED as follows: 1. The Plaintiff’s objections (doc. 13) are OVERRULED; 2. The Plaintiff’s Request for a Preliminary Injunction (doc. 8) is DENIED as moot; Dockets.Justia.com 3. The Recommendation of the Magistrate Judge (doc. 12) is ADOPTED; and 4. This case is DISMISSED without prejudice. A final judgment will be entered. DONE this 12th day of March, 2020. /s/ Emily C. Marks EMILY C. MARKS CHIEF UNITED STATES DISTRICT JUDGE

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