Howard v. McVeigh et al

Filing 7

MEMORANDUM OF OPINION ADOPTING and ACCEPTING the 6 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 6/29/2016. (JLC)

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FILED 2016 Jun-29 PM 01:03 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION MICHAEL LAMAR HOWARD, Plaintiff vs. BRIAN MCVEIGH, Calhoun County District Attorney, et al., Defendants ) ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-00351-VEH-HGD MEMORANDUM OF OPINION The magistrate judge filed a report on May 12, 2016, recommending that this action, brought 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 may be granted. (Doc. 6). Although the plaintiff was notified of his right to object, 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 and the objections thereto, the Court is of the opinion that the magistrate judge’s report is due to be and is hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, the plaintiff’s Page 1 of 2 amended 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. A Final Judgment will be entered. DATED this 29th day of June, 2016. VIRGINIA EMERSON HOPKINS United States District Judge Page 2 of 2

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