Belue v. Benn et al

Filing 11

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 9/2/14. (SAC )

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FILED 2014 Sep-02 AM 11:18 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONALD RAY BELUE, Plaintiff, v. JOHN R. BENN, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-00688-WMA-JEO MEMORANDUM OF OPINION The magistrate judge filed a report on August 4, 2014, recommending that this action be dismissed as frivolous and for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). The plaintiff filed objections to the report and recommendation on August 18, 2014. After a review of the objections, the court finds them to be without merit. Accordingly, 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 hereby is ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), this action is due to be dismissed as frivolous and for failing to state a claim upon which relief can be granted. A Final Judgment will be entered contemporaneously herewith. DATED, this 2nd day of September, 2014. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE 2

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