Griggs v. Corizon Health Inc. et al

Filing 14

MEMORANDUM OPINION ADOPTING and ACCEPTING the 9 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 11/14/2016. (JLC)

FILED
2016 Nov-14 PM 01:45
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.

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) Case No. 1:16-cv-00814-VEH-JEO
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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 law 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). The plaintiff has filed

objections to the report and recommendation on October 11, 2016. (Doc. 12-1).
The plaintiff’s objections simply restate the factual allegations in his
complaint, and he points to no errors of fact or law in the magistrate judge’s report
and recommendation. (Id.). Having carefully reviewed and considered de novo all
the materials in the court file, including the report and recommendation, and the
objections thereto, the magistrate judge’s report is hereby ADOPTED and the
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 may 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)(3).
A final order will be entered separately.
DONE and ORDERED this the 14th day of November, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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