Jones v. Other et al, No. 1:2020cv00079 - Document 8 (S.D. Ala. 2020)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Laryie Earl Jones. 7 Objection is OVERRULED as set out. Clerk is DIRECTED to mail a copy of the docket sheet to Plaintiff with this Order. This action is dismissed without prejudice prior to service of process as set out. Signed by District Judge Terry F. Moorer on 04/30/2020. (srd) Copy to Plaintiff.

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Jones v. Other et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LARYIE EARL JONES, AIS #156610, Plaintiff, vs. KATHY SIPPER, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:20-cv-79-TFM-N MEMORANDUM OPINION AND ORDER On March 20, 2020, the Magistrate Judge entered a Report and Recommendation (Doc. 4).1 Plaintiff filed a “Motion to Object” dated March 26, 2020 and docketed on April 1, 2020 (Doc. 7) which the Court construes as objections timely filed. To the extent Plaintiff requests the appointment of counsel, the Court DENIES the request. Next, Plaintiff complains about not receiving Documents 1, 2, and 3, the Court notes that those documents are Plaintiff’s own filings initiating this lawsuit – his original § 1983 complaint (Doc. 1), the motion to proceed in forma pauperis (Doc. 2), and his signature page (Doc. 3). The Clerk of Court is DIRECTED to provide a copy of the docket sheet with this order. Therefore, that objection is without merit. Finally, the rest of his objections appear to be reiterations of his original complaint that he is bring wrongfully incarcerated. However, none of these objections address the issues raised by the Report and Recommendation under 28 U.S.C. § 1915(g). Therefore, his objections are OVERRULED. 1 The Court entered an order of referral on March 24, 2020 which was entered after the Report and Recommendation. See Doc. 6. However, these cases are automatically referred to the Magistrate Judge pursuant to S.D. Ala. GenLR 72(a)(2)(R). The order of referral is simply a paper-based order so that all parties, including those proceeding pro se, are aware of the referral. Therefore, the Report and Recommendation. Page 1 of 2 Dockets.Justia.com After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation (Doc. 4) 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(g). DONE and ORDERED this 30th day of April, 2020. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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