Sparks v. Lincoln National Life et al

Filing 8

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 08/28/12. (CVA)

FILED
2012 Aug-28 PM 01:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

CURTIS L. SPARKS, JR.
Plaintiff,
vs.
DOMINITUE FOXWORTH, et al.,
Defendants.

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2:12-CV-02166-LSC

MEMORANDUM OF OPINION
Plaintiff, Curtis L. Sparks, Jr., filed a General Complaint Form for Pro
Se Litigants (Doc. 1), a Motion to Proceed In Forma Pauperis (Doc. 2), and
an amendment to the complaint filed pursuant to the court’s direction (Doc.
4). Magistrate Judge John E. Ott filed a report and recommendation (Doc.
5) on July 23, 2012, recommending that Plaintiff’s Motion to Proceed In
Forma Pauperis (Doc. 2) be granted due to Plaintiff’s indigence, but
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), Plaintiff’s cause be dismissed with
prejudice for failure to state a claim. On August 3, 2012, Plaintiff filed
objections to the report and recommendation (Doc. 6).

This court has made a de novo determination of those findings and
portions objected to by the Plaintiff pursuant to 28 U.S.C. § 636(b)(1).
The Court is of the opinion that the magistrate judge's report is due to
be and is hereby ADOPTED and his recommendation is ACCEPTED.

In

accordance with the recommendation, this action is due to be DISMISSED
WITH PREJUDICE for failure to state a claim upon which relief may be
granted. A separate Final Judgment will be entered.
Done this 28th day of August 2012.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
160704

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