Watkins v. State of Alabama et al

Filing 14

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/22/2016. (KAM, )

Download PDF
FILED 2016 Dec-22 PM 02:28 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION COREY WATKINS, Plaintiff, v. STATE OF ALABAMA, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number: 1:15-cv-02195-AKK-SGC MEMORANDUM OPINION The magistrate judge filed a report on November 17, 2016, recommending this action be dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b). Doc. 9. Moreover, to the extent Watkins has attempted to allege any supplemental state law claims, the magistrate judge recommended that this court dismiss such claims without prejudice to Watkins’ refiling them in state court, pursuant to 28 U.S.C. 1367. Id. at 11. On December 16, 2016, Watkins filed objections to the report and recommendation. Doc. 13. Watkins’ objections, however, fail to address the magistrate judge’s finding that the statute of limitations bars Watkins’ § 1983 claims, and that his claims against Huel Love and Todd Barksdale fail because there is no private cause of action under the Alabama Rules of Professional Conduct or because he cannot raise § 1983 claims against these private non-state actors. Basically, Watkins has not addressed any of the deficiencies the magistrate judge outlined. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, and the objections thereto, Watkins’ objections are OVERRULED and the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b), this action is due to be DISMISSED WITHOUT PREJUDICE for failing to state a claim upon which relief can be granted. Final Judgment will be entered. DONE the 22nd day of December, 2016. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?