Ramirez v. Jefferson County Sheriff's Department et al

Filing 19

MEMORANDUM OF OPINION-re: R&R 18 . The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the Recommendation is ACCEPTED. Signed by Judge R David Proctor on 7/26/2012. (AVC)

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FILED 2012 Jul-26 PM 01:19 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JESUS AGUILAR RAMIREZ, Plaintiff, v. JEFFERSON COUNTY SHERIFF’S DEPARTMENT, et al., Defendants. ) ) ) ) ) Case No. 2:12-cv-00187-RDP-JEO ) ) ) ) ) MEMORANDUM OF OPINION The Magistrate Judge filed a Report and Recommendation on July 3, 2012, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. (Doc. 16.) On July 12, 2012, Plaintiff filed a response in which he states, “I sincerely agree with the Recommendation that this complaint be dismissed as failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1).” (Doc. 18.) Having carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation and Plaintiff’s response thereto, the court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the Recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered. DONE and ORDERED this 26th day of July, 2012. ______________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2

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