McKeithen v. Helene et al

Filing 16

MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 11/5/12. (SAC )

FILED
2012 Nov-05 PM 02:50
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ORLANDO SAMUEL McKEITHEN, )
)
Plaintiff,
)
)
v.
)
)
BONNIE SAMANTHA HELENE,
)
et al.,
)
)
Defendants.
)

Case No. 2:11-cv-03632-KOB-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation (doc. 15) on August
17, 2012, recommending the dismissal of this § 1983 action under 28 U.S.C. §
1915A(b) for failing to state a claim upon which relief may be granted. He also
recommends that the court decline to exercise supplemental jurisdiction over any state
law claims in this action and dismiss such claims without prejudice pursuant to
28 U.S.C. § 1367(c)(3). No party filed any objections.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court ADOPTS the report of the
magistrate judge and ACCEPTS his recommendation. Accordingly, the court finds
that the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing

Page 1 of 2

to state a claim upon which relief may be granted. The court declines to exercise
supplemental jurisdiction over any state law claims in this action and finds that such
claims are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
The court will enter a Final Judgment and Dismissal Order.
DONE and ORDERED this 5th day of November, 2012.

__________________________________
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE

Page 2 of 2