Broadhead v. VIA Health Center

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JULIA BROADHEAD, )
)
Plaintiff, )
)
vs. ) CIV. ACT. NO. 1:24-cv-10-TFM-MU
)
VIA HEALTH CENTER, )
)
)
Defendants. )
MEMORANDUM OPINION AND ORDER
October 22, 2025, the Magistrate Judge entered a report and recommendation which
recommends this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).
See Doc. 14. No objections were filed.
The Court agrees that though the dismissal without prejudice effectively serves as one with
prejudice due to the inability to refile based upon a statute of limitations issue, the Plaintiff was
given sufficient opportunity to correct her deficiencies. Moreover, she did not file objections to
the first Report and Recommendation issued on May 15, 2024 nor the instant one issued on
October 22, 2024. Plaintiff was warned of the consequences but still failed to correct her deficient
complaint.
Accordingly, after due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Report and Recommendation of
the Magistrate Judge is ADOPTED and this action is DISMISSED without prejudice for failure
to prosecute and obey the Court’s orders.
A separate judgment will issue pursuant to Fed. R. Civ. P. 58.
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DONE and ORDERED this 13th day of May, 2025.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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