Cosby v. Headley et al

Filing 9

MEMORANDUM OF OPINION. Signed by Judge Virginia Emerson Hopkins on 10/5/2012. (JLC)

FILED
2012 Oct-05 AM 10:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MITCHELL COSBY,
Plaintiff ,
v.
JOSEPH HEADLEY, et al.,
Defendants.

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) Case No. 4:12-CV-2089-VEH-RRA
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MEMORANDUM OF OPINION
The magistrate judge filed a report on September 10, 2012, 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). Although the plaintiff
was advised of his right to file specific written objections within fifteen days, he has
failed to respond to the report and recommendation.
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 hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, this action is due to 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). A Final Judgment will be entered.

DONE this the 5th day of October, 2012.

VIRGINIA EMERSON HOPKINS
United States District Judge

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