Banks v. Alabama Department of Corrections et al

Filing 13

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

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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. ) ) ) ) ) ) ) ) ) ) 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 2

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