Calhoun v. Talladega County City Police Department et al

Filing 16

MEMORANDUM OPINION ADOPTING and ACCEPTING the 11 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 10/13/2017. (JLC)

FILED
2017 Oct-13 AM 09:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
LEANDER CALHOUN,
Plaintiff,
v.
OFFICER KEN SISK, et al.,
Defendants.

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Case No. 1:17-cv-00261-VEH-TMP

MEMORANDUM OPINION
The magistrate judge filed a report on July 25, 2017, recommending this
action be dismissed without prejudice for failing to state a claim upon which relief
can be granted. (Doc. 11).

The plaintiff filed objections to the report and

recommendation on August 16, 2017. (Doc. 14).

However, the objections are

meritless because first they fail to adequately address either of the magistrate
judge’s findings that the plaintiff’s claims are subject to dismissal under Heck v.
Humphrey, 512 U.S. 477 (1994), or alternatively that the plaintiff’s claims are
barred by the applicable statute of limitations.
Accordingly, 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)(1), 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 this the 13th day of October, 2017.
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VIRGINIA EMERSON HOPKINS
UNITED STATES DISTRICT JUDGE

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