Curry v. 29th Judicial Circuit Talladega County Alabama et al
MEMORANDUM OPINION adopting the R&R and accepting the recommendation as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 1/8/2018. (AHI)
2018 Jan-08 PM 04:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JUSTIN LAMAR CURRY,
JEB FANNIN, et al.,
Case No. 1:17-cv-01647-CLS-JEO
The magistrate judge filed a report on December 6, 2017, recommending 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. §§ 1915(e)(2) and 1915A(b). (Doc. 9).
The magistrate judge further recommended, to extent that plaintiff’s claims against
defendants Giddons and Norwood could be construed as state law claims, such claims
be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c). Plaintiff was
notified of his right to file objections within fourteen (14) days of the report and
recommendation (id.), but to date, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the magistrate judge’s report is hereby
ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with
28 U.S.C. §§ 1915(e)(2) and 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 this 8th day of January, 2018.
United States District Judge
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