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16-821 - Gardner v. Alabama Department of Corrections et al (INMATE 2)


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16-821 - Gardner v. Alabama Department of Corrections et al (INMATE 2)
February 28, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE this case be DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i-ii). Objections to R&R due by 3/14/2017. Signed by Honorable Judge Wallace Capel, Jr on 2/28/2017. (kh, )
March 24, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/24/2017. (kh, )
March 24, 2017
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JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 9) is adopted. (2) This lawsuit is dismissed without prejudice. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/24/2017. (Attachments: # (1) Civil Appeals Checklist)(kh, )