Edwards v. Holmes Law Firm LLC et al

Filing 16

MEMORANDUM OF OPINION Signed by Chief Judge Karon O Bowdre on 12/10/15. (SAC )

FILED
2015 Dec-10 PM 12:46
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
CURTIS WAYNE EDWARDS
Plaintiff
v.
HOLMES LAW FIRM, LLC,
et al.,
Defendants

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Case No. 1:14-cv-02408-KOB-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on August 11, 2015,
recommending that this action filed pursuant to 42 U.S.C. § 1985(3) be dismissed
under 28 U.S.C. § 1915A(b)(1) as frivolous and for failing to state a claim upon
which relief may be granted.

(Doc. 11).

The plaintiff filed objections on

September 21, 2015. (Doc. 14).
In his objections, the plaintiff continues to make only general and conclusory
allegations that a conspiracy existed among the defendants. The plaintiff fails to
submit sufficient factual support that the defendants’ conduct was motivated by racial
or invidiously discriminatory animus. As such, the court OVERRULES the plaintiff’s

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objections. The plaintiff has failed to adequately state a claim for relief under 42
U.S.C. § 1985(3).
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and plaintiff’s objections, the court
ADOPTS the magistrate judge’s report and ACCEPTS his recommendation.
Therefore, the court finds that the complaint is due to be dismissed pursuant to 28
U.S.C. § 1915A(b)(1) as frivolous and for failing to state a claim upon which relief
may be granted.
The plaintiff’s motion to withdraw his state law claims (doc. 10) is MOOT.
The court will enter a separate Final Order.
DONE and ORDERED this 10th day of December, 2015.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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