Agee v. Department of the Army, 1:18-CV-116-WKW (2018)
Court: District Court, M.D. Alabama
Number: infdco20181218888
Visitors: 10
Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On November 20, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 44.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation (Doc. # 44) is ADOPTED and that this case is DISMISSED without prejudice. Additionally, Plaintiff responded to Defendants' Motion to Dismiss by filing a document she titled Motion Not to Dismiss
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On November 20, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 44.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation (Doc. # 44) is ADOPTED and that this case is DISMISSED without prejudice. Additionally, Plaintiff responded to Defendants' Motion to Dismiss by filing a document she titled Motion Not to Dismiss ..
More
ORDER
W. KEITH WATKINS, Chief District Judge.
On November 20, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 44.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation (Doc. # 44) is ADOPTED and that this case is DISMISSED without prejudice.
Additionally, Plaintiff responded to Defendants' Motion to Dismiss by filing a document she titled Motion Not to Dismiss Case (Doc. # 41). Defendants' motion was filed pursuant to Rules (12)(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, but there is no procedural rule that allows a motion not to dismiss the case. Instead, this purported motion is properly construed as a response to Defendants' motion. The Clerk of the Court is DIRECTED to construe Plaintiff's purported motion (Doc. # 41) as a response to Defendants' Motion to Dismiss (Doc. # 38).
A separate final judgment will be entered.
Source: Leagle
