Bimbo v. Estes, No. 5:2019cv00957 - Document 9 (N.D. Ala. 2019)
Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 8 Magistrate Judge's Report and Recommendation. Signed by Judge Abdul K Kallon on 10/23/2019. (JLC)
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Bimbo v. Estes Doc. 9 FILED 2019 Oct-23 PM 04:54 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION RALPHEAL RAMON BIMBO, Petitioner, v. DEWAYNE ESTES, Respondent. ) ) ) ) ) ) ) ) ) Case No. 5:19-cv-00957-AKK-HNJ MEMORANDUM OPINION On August 20, 2019, the magistrate judge ordered the petitioner to notify the court whether he wished to (1) continue with this habeas action and correct the deficiencies identified by the magistrate judge or (2) dismiss this action and file a complaint pursuant to 42 U.S.C. § 1983. Doc. 7. After the petitioner failed to respond within the time frame allowed by the order, the magistrate judge filed a report on October 3, 2019, recommending this action be dismissed without prejudice for lack of prosecution. Doc. 8. Although the magistrate judge advised the petitioner of his right to file specific written objections to the report within fourteen (14) days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Therefore, this action Dockets.Justia.com is due to be dismissed without prejudice for lack of prosecution. A separate order will be entered. DONE the 23rd day of October, 2019. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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