Watkins v. State of Alabama et al

Filing 14

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

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