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Case 1:12-cv-00475-CG-B Document 18 Filed 09/19/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION



JOHN T. REUTCKE,


Plaintiff,


vs.

SAM COCHRAN, et al.,


Defendants.













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) CIVIL ACTION NO. 12-0475-CG-M
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ORDER

After due and proper consideration of the issues raised, and there having



been no objections filed, the Recommendation of the Magistrate Judge made under

28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court.



Accordingly, the plaintiff’s claims for declaratory and injunctive relief are

dismissed as MOOT, and his claims for compensatory and punitive damages are

DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. §

1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The

plaintiff has not filed an amended complaint in compliance with the instructions

contained in the report and recommendation regarding nominal damages. The

court deems plaintiff’s non-response to be an abandonment of his claim for nominal

damages; therefore, the plaintiff’s complaint hereby is DISMISSED in its entirety

without prejudice.






DONE and ORDERED this 19th day of September, 2013.
















/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE