Puckett v. Belser et al
MEMORANDUM OF OPINION-re: R&R 9 . 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. Signed by Judge R David Proctor on 1/28/2013. (AVC)
2013 Jan-28 PM 02:55
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
OFFICER ERIC BELSER, et al.,
Case No. 5:11-cv-03953-RDP-TMP
MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on December 26, 2012,
recommending that this action be dismissed with prejudice for failing to state a claim upon
which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). Plaintiff has failed to file
objections or otherwise respond to the Report and Recommendation.1
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 with prejudice for failing to
The copy of the Report and Recommendation mailed to Plaintiff at his last known address was
returned by the Postal Service as undeliverable and with a notation indicating that Plaintiff had been released
from prison. On the complaint form submitted by Plaintiff, he was advised of his responsibility to notify the
Clerk in writing of any address change, and was warned that failure to do so could result in dismissal of this
action without further notice.
state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). A Final
Judgment will be entered contemporaneously herewith.
DONE and ORDERED this
day of January, 2013.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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