Woods v. United States et al

Filing 25

MEMORANDUM OPINION adopting December 11, 2015 report and recommendation. Signed by Judge Madeline Hughes Haikala on 1/29/2016. (KMG)

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FILED 2016 Jan-29 PM 05:20 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION REGINALD WOODS, Plaintiff, v. UNITED STATES, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:14-cv-0713-MHH-JHE MEMORANDUM OPINION 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 objections. 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 2

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