Banks v. Dean et al
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 8/3/15. (SAC )
2015 Aug-03 PM 03:03
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
S. DEAN and THERESE KENNEDY,
) Case No. 2:14-cv-01260-KOB-JHE
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on June 1, 2015,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted.
(Doc. 23). The plaintiff filed objections to the report and recommendation on July
22, 2015. (Doc. 28).
In his objections, the plaintiff merely repeats his assertions that the defendants
violated his constitutional rights without sufficient factual allegations to show that
he is entitled to relief. (Doc. 28 at 1-2). Having carefully reviewed and considered
de novo all the materials in the court file, including the report and recommendation
and the plaintiff’s objections, the court finds 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)(1) for failing to state a claim upon which relief may be granted. A Final
Judgment will be entered.
DONE and ORDERED this 3rd day of August, 2015.
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
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