Griggs v. Corizon Health Inc. et al

Filing 10

MEMORANDUM OPINION ADOPTING and ACCEPTING the 9 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 10/12/2016. (JLC)

FILED
2016 Oct-12 PM 02:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
NEVIN GRIGGS,

)
)
Plaintiff,
)
)
v.
)
)
CORIZON HEALTH INC., et al., )
)
Defendants.
)

Case No. 1:16-cv-00814-VEH-JEO

MEMORANDUM OPINION
The Plaintiff filed a pro se complaint pursuant to 42 U.S.C. § 1983 alleging
violations of his rights under the Constitution or laws of the United States. (Doc. 4).
In accordance with the usual practices of this court and 28 U.S.C. § 636(b)(1), the
complaint was referred to a magistrate judge for a preliminary report and
recommendation. See McCarthy v. Bronson, 500 U.S. 136 (1991). The magistrate
judge filed a report and recommendation on September 20, 2016, stating, in pertinent
part:
the undersigned RECOMMENDS this action be DISMISSED
WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b)(1), for
failing to state a claim upon which relief can be granted. The
undersigned FURTHER RECOMMENDS that the plaintiff’s state law
claims for be DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1367(c).
(Doc. 9 at 9-10) (bold and capitalization in original). No objections have been filed

by any party.
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
should be DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. §
1915A(b)(1), for failing to state a claim upon which relief can be granted. The Court
also EXPRESSLY FINDS that the Plaintiff's state law claims should be
DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c).
A final order will be entered separately.
DONE and ORDERED this 12th day of October, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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