Jones v. Stewart et al, No. 1:2019cv00276 - Document 16 (S.D. Ala. 2020)

Court Description: MEMORANDUM OPINION & ORDER ADOPTING 12 REPORT AND RECOMMENDATION. This action is DISMISSED WITH PREJUDICE, prior to service of process, for failure to state a claim upon which relief can be granted as set out. It is further ORDERED that Plf is provided an opportunity to file an amended complaint NLT 5/29/2020 as set out. The Clerk is DIRECTED to send Plf the Court's § 1983 complaint form. Signed by District Judge Terry F. Moorer on 4/17/2020. (copy mailed to Plf w/form on 4/20/2020) (tot)

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Jones v. Stewart et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JUSTIN D. JONES, #297490, Plaintiff, vs. CYNTHIA STEWART, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACT. NO. 1:19-cv-276-TFM-N MEMORANDUM OPINION AND ORDER On March 12, 2020, the Magistrate Judge entered a Report and Recommendation (Doc. 12), to which no objections have been filed. After due and proper consideration of the issues raised, the Report and Recommendation is ADOPTED as the opinion of the Court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B(ii) failure to state a claim upon which relief can be granted. It is further ORDERED that Plaintiff is provided an opportunity to file an amended complaint no later than May 29, 2020 on the Court’s § 1983 complaint form for the purpose of stating a § 1983 claim arising from the incident in the amended complaint. Plaintiff shall not rely on the prior complaints in pleading his amended complaint. All Plaintiff’s factual and legal claims shall be included in this amended complaint. The Clerk of Court is DIRECTED to send Plaintiff the Court’s § 1983 complaint form. Plaintiff is cautioned that failure to comply will result in the dismissal of this lawsuit. If no amended complaint is filed by the deadline, final judgment pursuant to Fed. R. Civ. P. 58 shall issue at that time. Page 1 of 2 Dockets.Justia.com DONE and ORDERED this 17th day of April, 2020. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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