Opinion
Civil Action 1:22-00018-KD-N
12-12-2022
RODNEY J. MURPHY, Plaintiff, v. STATE OF ALABAMA, et al., Defendants.
ORDER
KRISTI K. DuBOSE, UNITED STATES DISTRICT JUDGE.
After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made (doc. 21), the Report and Recommendation of the Magistrate Judge (doc. 20) made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a), and dated November 1, 2022, is ADOPTED as the opinion of this Court.
Accordingly, final judgment is deemed entered by operation of law upon expiration of the October 5, 2022 deadline to amend the complaint as set out in the Court's September 14, 2022 order (doc. 18), and in the alternative and only if the Court has jurisdiction to consider its merits, it is ORDERED that Plaintiff Rodney J. Murphy's second amended complaint (doc. 19) is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted.
Final judgment shall be entered by separate document in accordance with Federal Rule of Civil Procedure 58.
DONE and ORDERED.