Gaddis v. Yant et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 2/10/2017. Copy served on plff on this date. (YMB)
2017 Feb-10 PM 02:37
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
OFFICER MICHAEL YANT, et al.,
Civil Action Number
The magistrate judge filed a report on January 30, 2017, recommending 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). Doc. 10. Thomas Gaddis filed
objections to the report and recommendation, stating that the court should hold him
to a less stringent standard because of his pro se status, that he does not have
access to legal resources, does not understand federal laws and procedures, and is
limited by his fifth grade level education. Doc. 11 at 3. However, the magistrate
judge did not recommend dismissal for alleged failure to adequately litigate his
case; rather, the magistrate judge recommended dismissal because of res judicata,
i.e., that Gaddis previously litigated his claims before a court of competent
jurisdiction. See doc. 10 at 5–6.
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. Therefore, in accordance with 28 U.S.C. § 1915A(b), this action is
due to be DISMISSED WITHOUT PREJUDICE for failing to state a claim
upon which relief can be granted. A Final Judgment will be entered.
DONE the 10th day of February, 2017.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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