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SPRINGER v. PERRYMAN, 3:15-CV-633-WKW. (2016)

Court: District Court, M.D. Alabama Number: infdco20160406818 Visitors: 2
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On February 25, 2016, the Magistrate Judge filed a Recommendation (Doc. # 15) to which Plaintiff timely filed an objection (Doc. # 17). The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. 636(b), and finds that the objection is without merit. Accordingly, it is ORDERED as follows: (1) Plaintiff's objection (Doc. # 17) is OVERRULED; (2) The Recomme
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ORDER

On February 25, 2016, the Magistrate Judge filed a Recommendation (Doc. # 15) to which Plaintiff timely filed an objection (Doc. # 17). The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), and finds that the objection is without merit.

Accordingly, it is ORDERED as follows:

(1) Plaintiff's objection (Doc. # 17) is OVERRULED; (2) The Recommendation (Doc. # 15) is ADOPTED to the extent that it recommends dismissal of this action for lack of subject-matter jurisdiction based upon the Rooker-Feldman doctrine;1

(3) Defendants' Motion to Dismiss (Doc. # 9) is GRANTED;

(4) This case is DISMISSED without prejudice for lack of subject-matter jurisdiction.

It is further ORDERED that Plaintiff's Motion to Compel (Doc. # 16) is DENIED.

A separate final judgment will be entered.

FootNotes


1. Because subject-matter jurisdiction is lacking, the court need not address the Recommendation's alternative grounds for dismissal. See Casale v. Tillman, 558 F.3d 1258, 1259 n.1 (11th Cir. 2009).
Source:  Leagle

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