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govinfo:USCOURTS-alnd-5_26-cv-00183-0

U.S. District Court for the Northern District of Alabama · 2026-06-15

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ALABAMA 
NORTHEASTERN DIVISION 
 
COLBY TORBERT, 
 
Plaintiff, 
 
v. 
 
BROOKS, et al., 
 
Defendants. 
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MEMORANDUM OPINION 
On April 10, 2026, the magistrate judge ordered Plaintiff Colby Torbert to file 
an amended complaint within thirty days. (Doc. 7). When Mr. Torbert failed to do 
so, the magistrate judge entered a report recommending that the court dismiss this 
action for failure to prosecute. (Doc. 8). The magistrate judge advised Mr. Torbert 
of his right to file objections to the report and recommendation. (Id. at 2–3). 
Mr. Torbert has not filed any objections, and his time for filing has expired. 
After reviewing the entire record de novo, the court ADOPTS the magistrate 
judge’s report and ACCEPTS the recommendation. The court WILL DISMISS this 
action WITHOUT PREJUDICE for failure to prosecute. 
The court will enter a separate final order consistent with this opinion. 
 
 
 
 
FILED
 
 2026 Jun-15 PM 04:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

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DONE and ORDERED this June 15, 2026. 
 
 
 
 _________________________________ 
 ANNEMARIE CARNEY AXON 
 UNITED STATES DISTRICT JUDGE 
 

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