George v. Headley et al

Filing 7

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 9/30/2016. (AHI)

FILED
2016 Sep-30 PM 03:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
MICHAEL WAYNE GEORGE,
Plaintiff,
vs.
WARDEN JOSEPH HEADLEY, et
al.,

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) Case No: 1:15-cv-00308-CLS-SGC
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Defendants.
MEMORANDUM OPINION
The magistrate judge entered a report on June 3, 2016, recommending that this
action filed pursuant to 42 U.S.C. § 1983 be dismissed without prejudice for failing
to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b).
(Doc. 6). Although the magistrate judge advised plaintiff of his right to file specific
written objections within fourteen (14) days, no objections have been received by the
court.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court ADOPTS the report of the
magistrate judge, and ACCEPTS the recommendation. Therefore, in accordance
with 28 U.S.C. § 1915A(b), plaintiff’s federal claims are due to be dismissed without

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prejudice for failing to state a claim upon which relief may be granted. Additionally,
plaintiff’s state law claims asserted in the complaint are due to be dismissed without
prejudice pursuant to 28 U.S.C. § 1367(c)(3).
A separate order of final judgment will be entered.
DONE this 30th day of September, 2016.

______________________________
United States District Judge

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