Banks v. Dean et al

Filing 29

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 8/3/15. (SAC )

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FILED 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 SOUTHERN DIVISION CHRISTOPHER BANKS, Plaintiff , v. S. DEAN and THERESE KENNEDY, Defendants. ) ) ) ) ) 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 2

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