Thomas v. Oliver et al, No. 1:2022cv00132 - Document 5 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 2 Report and Recommendations. Plt's objections are OVERRULED as set out. Accordingly, it is ORDERED that this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). Signed by District Judge Terry F. Moorer on 8/16/2022. Copy to Plt. (fz)

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Thomas v. Oliver et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GARY LERON THOMAS, # 629658, Plaintiff, vs. TREY OLIVER, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-132-TFM-N MEMORANDUM OPINION AND ORDER On May 24, 2022, the Magistrate Judge entered a Report and Recommendation which recommended dismissal of the complaint without prejudice pursuant to 28 U.S.C. § 1915(g). See Doc. 2. Plaintiff filed undated objections which were postmarked on June 2, 2022 and received on June 6, 2022. See Doc. 3. Plaintiff also filed a document dated June 14, 2022 entitled “writ of habeas corpus” release from incarceration which was received by the Court on June 27, 2022. See Doc. 4. A review of the second “motion” shows that they are simply further objections. Though untimely, the Court will nonetheless consider them in its review. Nothing in Plaintiff’s objections overcome the well-reasoned analysis of the Magistrate Judge in the Report and Recommendation and therefore are OVERRULED. Therefore, 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 of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). Page 1 of 2 Dockets.Justia.com DONE and ORDERED this 16th day of August, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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