Abercrombie v. Head

Filing 16

MEMORANDUM OPINION ADOPTING and ACCEPTING the 15 Magistrate Judge's Report and Recommendation. Signed by Judge Annemarie Carney Axon on 8/30/2018. (JLC)

FILED
2018 Aug-30 PM 12:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MESIAH ABERCROMBIE,
Plaintiff,
v.
JENNIFER HEAD,
Defendant.

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Case No. 2:16-cv-02009-ACA-JHE

MEMORANDUM OPINION
The magistrate judge filed a report on August 3, 2018, recommending this
this action be dismissed without prejudice for lack of subject matter jurisdiction.
Alternatively, the magistrate judge recommended this action be dismissed without
prejudice pursuant to 28 U.S.C. § 1915A(b)(1), as frivolous and for failing to state
a claim upon which relief can be granted. (Doc. 15). Although the magistrate
judge advised the plaintiff of his right to file specific written objections within
fourteen (14) days, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. Therefore, in
accordance with 28 U.S.C. § 1915A(b), this action is due to be dismissed without
prejudice for lack of subject matter jurisdiction. Alternatively, this action is due to

be dismissed without prejudice as frivolous and for failing to state a claim upon
which relief can be granted.
A Final Judgment will be entered.
DONE and ORDERED this August 30, 2018.

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ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE

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