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16-263 - Bearry v. Alabama Department of Corrections Records & Transportation Division(INMATE 1)


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16-263 - Bearry v. Alabama Department of Corrections Records & Transportation Division(INMATE 1)
May 5, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: Upon consideration of the plaintiff's 5 Motion to dismiss, the court concludes that this motion is due to be granted. Furthermore, since the complaint has not been served on the defendants, the court finds that this case should be dismissed without prejudice. Rule 41(a)(1), FRCP. It is the RECOMMENDATION of the Magistrate Judge that: 1. The plaintiff's motion to dismiss be GRANTED. 2. This case be dismissed without prejudice. 3. No costs or fees be taxed herein. Objections to R&R due by 5/19/2016. Signed by Honorable Judge Wallace Capel, Jr on 5/5/2016. (dmn, )
June 16, 2016
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ORDER ADOPTING 7 Recommendation, and it is hereby ORDERED as follows: 1. The Plaintiffs 5 Motion to Dismiss is GRANTED. 2. This case is DISMISSED without prejudice. 3. No costs or fees are taxed herein. 4. Final Judgment will be entered accordingly. Signed by Honorable Judge W. Harold Albritton, III on 6/16/2016. (dmn, )
June 16, 2016
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FINAL JUDGMENT: Final Judgment is entered in favor of the Defendant, and against the Plaintiff, and this case is DISMISSED without prejudice. No cost or fees are taxed. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP Rule 58. Signed by Honorable Judge W. Harold Albritton, III on 6/16/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )