Ferguson v. State of Alabama et al

Filing 14

MEMORANDUM OF OPINION. Signed by Chief Judge Karon O Bowdre on 12/22/2015. (AVC)

FILED
2015 Dec-22 PM 04:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
DRAGO KUELH FERGUSON,
Plaintiff,
v.
STATE OF ALABAMA, et al.,
Defendants.

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) Case No: 1:15-cv-01467-KOB-TMP
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MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on November 12,
2015, recommending that this action, filed pursuant to 42 U.S.C. § 1983, be dismissed
under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief can be
granted. (Doc. 9). No party has filed any objections.1
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court ADOPTS the magistrate
judge’s report and ACCEPTS his recommendation. Accordingly, the court finds that

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The plaintiff filed a motion to compel on December 1, 2015 (doc. 10), which alleges that
the Cleburne County Jail will not allow his family to deposit money into his inmate account.
Because that motion was not signed, the court returned the motion for signing. (Doc. 11). On
December 8, 2015, the plaintiff refiled his motion to compel (doc. 12), seeking to have this court
order that the Cleburne County Jail allow his family to make deposits, but he has not made any
objections to the Report and Recommendation. Because this action is due to be dismissed for the
reasons set forth in the Report and Recommendation, the motions to compel will be DENIED as
MOOT.

the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to
state a claim upon which relief may be granted.
The court will enter a separate Final Order.
DONE and ORDERED this 22nd day of December, 2015.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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