McCall v. South Central Steel, Inc. et al

Filing 24

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 7/28/2015. (AHI)

FILED
2015 Jul-28 PM 03:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TOMMIE L. MCCALL,
Plaintiff,
vs.
SOUTH CENTRAL STEEL,
INC, et al.,
Defendants.

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Case No. 2:13-cv-00241-CLS-JHE

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on May 4, 2015,
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. 22). The magistrate judge further recommended that, to the extent plaintiff
asserted state law negligence claims, those claims did not support an action under §
1983 and noted that plaintiff could pursue those claims in state court. (Id.). No
objections have been filed by any 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 it hereby is, ADOPTED, and the

recommendation is ACCEPTED. Accordingly, this action is due to be DISMISSED
WITHOUT PREJUDICE. A Final Judgment will be entered.
DONE this 28th day of July, 2015.

______________________________
United States District Judge

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