Wallace v. Holland et al
MEMORANDUM OF OPINION. Signed by Judge R David Proctor on 12/9/2014. (AVC)
2014 Dec-09 PM 12:57
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ANDRE LYNELL WALLACE,
J. C. HOLLAND, et al.,
Case No. 2:13-cv-00722-RDP-HGD
MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on October 9, 2014,
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.
Specifically, the Magistrate Judge found that Plaintiff had failed to state a claim of
interference with access to the courts and noted that, to the extent Plaintiff might have
been able to replead his complaint a second time and conceivably state a claim
against some of the defendants, this district would not be the proper venue. (Doc.
On November 7, 2014, Plaintiff filed objections to the Report and
Recommendation. (Doc. 20). Plaintiff objects to the complaint being “denied” due
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to “improper venue,” and appears to argue that the court is breaching an unwritten
contract because he authorized the payment of the $350 filing fee for services he did
not receive. (Id. at 2).
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 is hereby
ADOPTED and the Recommendation is ACCEPTED. Plaintiff was notified that he
had failed to set forth his claims adequately and was afforded the opportunity to file
an amended complaint. However, in his amended complaint he has failed to allege
facts which, if proven, would have demonstrated that he had been deterred from
pursuing a non-frivolous post-conviction claim due to the actions of Defendants, and
again failed to state a claim.
Accordingly, the complaint is due to be dismissed, without prejudice, pursuant
to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted.
It is not being dismissed for improper venue. A Final Judgment will be entered.
DONE and ORDERED this
day of December, 2014.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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