Woods v. United States et al
MEMORANDUM OPINION adopting December 11, 2015 report and recommendation. Signed by Judge Madeline Hughes Haikala on 1/29/2016. (KMG)
2016 Jan-29 PM 05:20
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
UNITED STATES, et al.,
Case No. 1:14-cv-0713-MHH-JHE
On December 11, 2015, Magistrate Judge John England entered a report and
recommendation concerning the defendants’ motion to dismiss. (Doc. 24). In his
report, Judge England recommended that the Court grant the defendants’ motion
and dismiss without prejudice plaintiff Reginald Woods’s claims pursuant to
Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B)(ii) for
failing to state a claim upon which relief can be granted. (Doc. 24, p. 13). Judge
England explained to the parties that they had fourteen days within which to file
objections to the recommendation. (Doc. 24, p. 14). Neither party has filed
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).
When a party objects to a report and recommendation, the district court must
“make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. The
Court reviews for plain error the portions of the report or proposed findings to
which no objection is made. Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993); see also United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983) (per
curiam), cert. denied, 464 U.S. 1050 (1984) (“The failure to object to the
magistrate’s findings of fact prohibits an attack on appeal of the factual findings
adopted by the district court except on grounds of plain error or manifest
injustice.”) (internal citation omitted); Macort v. Prem, Inc., 208 Fed. Appx. 781,
784 (11th Cir. 2006).
The Court has reviewed the record and Magistrate Judge England’s report
and recommendation. (Doc. 24). Applying the plain error standard, the Court
ADOPTS the December 11, 2015 report and ACCEPTS Judge England’s
recommendation that the Court grant the defendants’ motion to dismiss pursuant to
28 U.S.C. § 1915(e)(2)(B)(ii). The Court will enter a separate order consistent
with this memorandum opinion.
DONE and ORDERED this January 29, 2016.
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE
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