Lankster v. Alabama Power, No. 2:2023cv00191 - Document 20 (S.D. Ala. 2023)
Court Description: MEMORANDUM OPINION AND ORDER, ADOPTING 19 Report and Recommendation, GRANTING 10 Motion to Dismiss and DISMISSING amended complaint without prejudice. Signed by District Judge Terry F. Moorer on 11/17/2023. (mab)
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Lankster v. Alabama Power Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION ALBERT FRANKLIN LANKSTER, Plaintiff, vs. ALABAMA POWER, Defendant. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 2:23-cv-191-TFM-N MEMORANDUM OPINION AND ORDER On October 5, 2023, the Magistrate Judge issued a Report and Recommendation which recommends Defendant Alabama Power’s motion to dismiss (Doc. 10, filed 7/5/23) be granted and this case dismissed without prejudice for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. See Doc. 19. No objections were filed, the deadline has passed, and the Report and Recommendation is ripe for review. After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant Alabama Power’s motion to dismiss (Doc. 10) is GRANTED. Plaintiff Albert F. Lankster’s amended complaint is DISMISSSED without prejudice. Final judgment shall issue separately in accordance with this order and Fed. R. Civ. P. 58. DONE and ORDERED this 17th day of November, 2023. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com
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