Opinion
CIVIL ACTION NO. 2:12-CV-742-WKW
09-13-2012
WESLEY MAURICE BUSH, #251500, Plaintiff, v. GARY HETZEL, et al., Defendants.
[WO]
RECOMMENDATION OF THE MAGISTRATE JUDGE
Wesley Maurice Bush ["Bush"], a state inmate, filed the instant 42 U.S.C. § 1983 action on August 29, 2012 challenging the restrictions imposed upon him in the segregation unit at Easterling Correctional Facility. Subsequently, and prior to service of the complaint, Bush filed a motion to dismiss this cause of action (Doc. No. 6). Upon consideration of the plaintiff's 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 discerns that this case should be dismissed without prejudice. Fed. R. Civ. P. 41(a)(1).
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that the plaintiff's motion to dismiss be granted and that this case be dismissed without prejudice. It is further
ORDERED that on or before September 27, 2012, the parties may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.
Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc) (adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981).
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE