Coleman v. Johnson et al

Filing 13

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 5/31/2016. (AVC)

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FILED 2016 May-31 AM 11:07 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CARL COLEMAN, ) ) ) ) ) ) ) ) ) Plaintiff, vs. JOHNSON, et al., Defendant. Civil Action Number 2:15-cv-01645-AKK MEMORANDUM OPINION On May 2, 2016, the magistrate judge entered a report and recommendation, doc. 12, recommending dismissal of Carl Coleman’s complaint as permitted under the Prison Litigation Reform Act, 28 U.S.C. § 1915A, which permits the court to dismiss sua sponte a prisoner’s complaint prior to service. Coleman was allowed fourteen (14) days in which to file objections to the recommendation. That fourteen-day period has passed, and Coleman has not filed an objection to the magistrate judge’s recommendation. Having reviewed the pleadings, the briefs, the magistrate’s report, and the recommendation, the court hereby ADOPTS the recommendation of the magistrate judge. Accordingly, because the court lacks subject matter jurisdiction Page 1 of 2 over Coleman’s claims, this case is DISMISSED WITHOUT PREJUDICE for refiling in the appropriate state forum. DONE the 31st day of May, 2016. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE Page 2 of 2

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