Cole v. Entrekin et al

Filing 15

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 09/28/2017. (KBB)

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FILED 2017 Sep-28 PM 12:10 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION AARON CORDERO COLE, ) ) Plaintiff, ) ) v. ) ) SHERIFF TODD ENTREKIN, et al., ) ) Defendants. ) Civil Action Number 4:17-cv-00091-AKK-SGC MEMORANDUM OPINION The magistrate judge filed a report on August 22, 2017, recommending 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). Doc. 14. Moreover, to the extent Aaron Cole has attempted to allege any supplemental state law claims, the magistrate judge recommended that this court dismiss such claims without prejudice to Cole’s refiling them in state court, pursuant to 28 U.S.C. 1367(c)(3). Id. at 19. Although the magistrate judge advised Cole of his right to file specific written objections within fourteen (14) days, id. at 19-20, 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 failing to state a claim upon which relief can be granted. A Final Judgment will be entered. DONE the 28th day of September, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

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