Linares v. Etowah County Jail
MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/13/2015. (AVC)
2015 Apr-13 PM 01:00
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
RAFAEL A. LLOVERA LINARES,
ETOWAH COUNTY JAIL, et al.,
Case No.: 4:14-cv-01364-RDP-SGC
On March 17, 2015, the Magistrate Judge entered a Report recommending Plaintiff’s federal
claims be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (Doc. 19). The
Magistrate Judge further recommended any state law claims asserted by Plaintiff be dismissed
without prejudice pursuant to 28 U.S.C. § 1367(c)(3). (Id.). Although Plaintiff was advised of his
right to file specific written objections within fourteen days from the entry date of the Report and
Recommendation, he has failed to do so.
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 the Magistrate Judge’s Report is due
to be and is hereby ADOPTED and her recommendation is ACCEPTED. Therefore, in accordance
with 28 U.S.C. § 1915(e)(2)(B)(ii), Plaintiff’s federal claims are due to be dismissed without
prejudice. Additionally, any state law claims asserted by Plaintiff are due to be dismissed without
prejudice pursuant to 28 U.S.C. § 1367(c)(3). A final judgment will be entered contemporaneously.
DONE and ORDERED this
day of April, 2015.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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