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17-335 - Cornett v. Alabama Department of Transportation (MAG+)


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17-335 - Cornett v. Alabama Department of Transportation (MAG+)
July 5, 2017
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(VACATED pursuant to 32 OPINION AND ORDER) JUDGMENT, upon consideration of plf's 20 motion for voluntary dismissal, which the court construes as a notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), it is ORDERED that: (1) this lawsuit is dismissed in its entirety without prejudice, with no costs taxed; (2) all pending motions are denied as moot; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 7/5/17. (djy, ) Modified on 3/26/2018 (djy, ).
February 14, 2018
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ORDER and REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) Cornett's 23 MOTION to set aside the court's 7/5/2017 dismissal and final judgment be GRANTED, that the 7/5/2017 final judgment be SET ASIDE, and that this lawsuit be allowed to proceed; and (2) Cornett's 20 motion for voluntary dismissal be CONSTRUED as a motion to vacate the 6 order of 6/2/2017 and a motion to withdraw Cornett's 2 motion to proceed in forma pauperis with both motions remaining pending and will be addressed in the event this recommendation is adopted; further ORDERING that Cornett's 27 MOTION to reconsider the court's 1/11/2018 25 order is DENIED, as further set out Objections to R&R due by 2/28/2018. Signed by Honorable Judge Gray M. Borden on 2/14/18. (djy, )
March 26, 2018
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OPINION AND ORDER directing as follows: (1) to the extent plf 31 Objects to the Recommendation, the objections are overruled; (2) ADOPTING 28 REPORT AND RECOMMENDATION of the US Magistrate Judge; (3) the 23 Motion to Set Aside the Court's dismissal and final judgment is granted; (4) the 7/5/2017 21 dismissal and final judgment is vacated; (5) this case is reopened; (6) The 20 motion for voluntary dismissal is construed as a motion to vacate the court's 6/2/17 order 6 and as a 2 motion to withdraw the motion to proceed in forma pauperis. Both motions remain pending for consideration by the magistrate judge; further ORDERING that pursuant to 28 U.S.C. 636, this case is referred back to the United States Magistrate Judge for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 3/26/18. (Attachment(s) : # (1) civil appeals checklist) (djy, ).