Asturias v. Smith et al

Filing 18

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 8/17/2016. (AHI)

FILED
2016 Aug-17 AM 11:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
EDUARDO ASTURIAS,
Plaintiff,
vs.
GERALD SMITH, et al.,
Defendants.

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Case No. 4:15-cv-00176-CLS-SGC

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on June 22, 2016, recommending that the
federal claims in 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), and that any
state law claims asserted in the complaint be dismissed without prejudice pursuant to
28 U.S.C. § 1367(c)(3). (Doc. 17). Although the magistrate judge advised 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)(1), plaintiff’s federal claims are due to be dismissed
without prejudice for failing to state a claim upon which relief can be granted.

Additionally, plaintiff’s state law claims asserted in the complaint are due to be
dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment
will be entered.
DONE this 17th day of August, 2016.

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United States District Judge