Walker v. Murray et al
MEMORANDUM OPINION. Signed by Judge R David Proctor on 2/27/2017. (AVC)
2017 Feb-27 PM 06:55
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
GERRY BRANNON WALKER,
JASON MURRAY, et al.,
Case No.: 1:16-cv-01054-RDP-HGD
This case is before the court on the Magistrate Judge’s Report and Recommendation.
(Doc. # 10). On January 23, 2017, the Magistrate Judge’s Report and Recommendation (Doc. #
10) was entered, and Plaintiff was allowed therein fourteen (14) days in which to file objections
to the recommendations made by the Magistrate Judge. No objections were filed, despite the
court’s grant of additional time to Plaintiff for filing objections. (See Doc. # 12 (allowing
Plaintiff to file objections on or before February 27, 2017)).
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge.1 The
court further ACCEPTS the recommendation of the Magistrate Judge that 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)(1).
A separate order in accordance with the Memorandum Opinion will be entered.
The court recognizes that the heightened pleading standard formerly applied by the Eleventh Circuit to 42
U.S.C. § 1983 cases where a defendant could assert qualified immunity no longer applies after Ashcroft v. Iqbal, 556
U.S. 662 (2009). Randall v. Scott, 610 F.3d 701, 709-10 (11th Cir. 2010). The court has reviewed Plaintiff’s
allegations under the Iqbal opinion’s pleading standard.
DONE and ORDERED this February 27, 2017.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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