Johnson v. Butler et al

Filing 13

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 12/8/15. (SAC )

FILED
2015 Dec-08 PM 02:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAUL JOHNSON, Jr.,
Plaintiff,
v.
JAMES BUTLER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 2:15-cv-1378-WMA-TMP

MEMORANDUM OF OPINION
The magistrate judge filed a report on November 18, 2015, recommending that
this action be dismissed without prejudice for failing to state a claim upon which
relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). (Doc. 11). The plaintiff
filed objections to the report and recommendation on December 4, 2015. (Doc. 12).
Upon review of the objections, the court finds them to be without merit. As the
magistrate judge noted, the plaintiff’s factual assertions do not rise beyond the level
of medical malpractice, which is not actionable under § 1983.
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 is hereby ADOPTED and the recommendation is ACCEPTED. Therefore,

in accordance with 28 U.S.C. § 1915A(b)(1), this action is due to be dismissed
without prejudice for failing to state a claim upon which relief can be granted. A
Final Judgment will be entered contemporaneously herewith.
DATED this 8th day of December, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

2