Osborne v. Guthrie et al

Filing 16

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/7/12. (KGE, )

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FILED 2012 Dec-07 AM 11:34 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION KENNETH OSBORNE, Plaintiff , v. THOMAS GUTHRIE, et al., Defendants. ) ) ) ) ) Case No. 5:12-cv-00290-LSC-TMP ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on November 14, 2012, 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. (Doc. 15.) 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 is hereby 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,or seeking monetary relief from defendants who are immune. A Final Judgment will be entered. Done this 7th day of December 2012. L. Scott Coogler United States District Judge [160704] 2

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