Gaines v. Falls et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/23/2013. (PSM)
2013 Dec-23 PM 12:05
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DAVID LEE GAINES,
BRANDON K. FALLS, and JOE
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on October 25, 2013,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b) for seeking monetary relief from defendants who are immune.
Upon filing the report and recommendation, a copy thereof was mailed to plaintiff.
However, that copy was returned and marked “RETURN TO SENDER; REFUSED;
UNABLE TO FORWARD.” Doc. 11. In an abundance of caution, a second copy of
the report and recommendation was mailed to plaintiff, as well as an Order giving
him until December 15, 2013 to file any objections. Doc. 12. That copy was returned
and marked “MOVED, LEFT NO ADDRESS.” Doc. 13. No objections have been
filed by either party.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, 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 seeking monetary relief from defendants who
are immune. A Final Judgment will be entered.
DONE the 23rd day of December, 2013.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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