Whitworth v. Lowery et al

Filing 23

MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 9/13/2012. (AHI)

FILED
2012 Sep-13 PM 01:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RONALD L. WHITWORTH, JR.,
Plaintiff,
vs.
TERRY LOWERY, et al.,
Defendants.

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Case No. 2:12-cv-00236-CLS-HGD

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on July 20, 2012,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b) because the plaintiff’s claims are barred by the statute of
limitations. The plaintiff filed objections to the report and recommendation on
August 6, 2012.
The plaintiff objects to the recommendation of the magistrate judge for a
variety of reasons, none of which address the fact that his § 1983 claim is barred by
the statute of limitations.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, and the objections thereto, the court
is of the opinion that the magistrate judge’s report is due to be, and it hereby is,
ADOPTED, and the recommendation is ACCEPTED. Accordingly, the complaint is

due to be dismissed pursuant to 28 U.S.C. § 1915A(b) because a claim that is barred
by the statute of limitations fails to state a claim upon which relief can be granted.
A Final Judgment will be entered.
DONE this 13th day of September, 2012.

______________________________
United States District Judge

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