Gilley v. Cullman County District Attorney's Office
MEMORANDUM OPINION as more fully set out thereon. Signed by Judge C Lynwood Smith, Jr on 12/4/2014. (AHI )
2014 Dec-04 PM 12:12
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
DALE WILLIAM GILLEY, JR.,
CULLMAN COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.,
Case No. 4:13-cv-01116-CLS-HGD
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on October 10, 2014,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted
No objections were 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 it hereby is, ADOPTED, and the
recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed
pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may
be granted. The plaintiff’s pending motion to supplement the record to include his
claim that he was incompetent to stand trial (Doc. 15) and motion for service on the
defendants (Doc. 16) are due to be DENIED as MOOT.
A Final Judgment will be entered.
DONE this 4th day of December, 2014.
United States District Judge
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