Gaddis v. Andrijeski et al
MEMORANDUM OPINION ADOPTING and ACCEPTING the 24 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 12/15/2016. (JLC)
2016 Dec-15 PM 03:59
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
LAURIE ANDRIJESKI, et al.,
Case No. 1:16-cv-00682-VEH-JEO
The plaintiff has filed a pro se final amended complaint pursuant to 42
U.S.C. § 1983, alleging violations of his rights under the Constitution or laws of
the United States. (Doc. 20). On November 22, 2016, the magistrate recommended
this action be DISMISSED WITHOUT PREJUDICE, pursuant to
28 U.S.C. § 1915A(b)(1) and (2), for failing to state a claim upon
which relief can be granted, and for asserting monetary claims against
a defendant who is immune from such claims.
(Doc. 24 at 9-10) (emphasis in original).
The time for objecting to that
recommendation has expired and no objections have been filed.
Having carefully reviewed and considered de novo all the materials in the
Court file, including the report and recommendation, the Court is of the opinion
that the magistrate judge’s report is due to be and is hereby ADOPTED and his
recommendation is ACCEPTED.
The Court EXPRESSLY FINDS that this
action is due to be DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C.
§ 1915A(b)(1) and (2), for failing to state a claim upon which relief can be granted,
and for asserting monetary claims against a defendant who is immune from such
claims. A Final Judgment will be entered.
DONE and ORDERED this 15th day of December, 2016.
VIRGINIA EMERSON HOPKINS
United States District Judge
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