Banks v. Alabama Department of Corrections et al

Filing 13

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/2/2015. (AVC)

FILED
2015 Dec-02 AM 11:28
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHRISTOPHER DALE BANKS,
Plaintiff,
v.
ALABAMA DEPARTMENT OF
CORRECTIONS, et al.,
Defendant.

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CASE NO.:
2:15-cv-518-VEH-JEO

MEMORANDUM OPINION
In accordance with the usual practices of this court, and 28 U.S.C. § 636(b)(1),
this matter was referred to a magistrate for a preliminary report and recommendation.
On November 10, 2015, the magistrate recommended “that the complaint be
DISMISSED without prejudice [ pursuant to 28 U.S.C. § 1915A(b)(1)] for failing to state
a claim upon which relief may be granted.” (Doc. 12 at 7) (bold in original). No
objections have been filed.
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 is hereby ADOPTED and his recommendation
is ACCEPTED. The Court EXPRESSLY FINDS that the plaintiff has failed to state a
claim upon which relief may be granted, and that this action is due to be dismissed
pursuant to 28 U.S.C. § 1915A(b)(1). A Final Judgment will be entered.

DONE this the 2nd day of December, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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