Ferrell v. Estes et al

Filing 14

MEMORANDUM OF OPINION-re: R&R 12 . 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. Pltf's objection to the designation of a magistrate judge 13 is OVERRULED. Signed by Judge Virginia Emerson Hopkins on 11/8/2013. (AVC)

FILED
2013 Nov-08 PM 02:39
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
GERALD FERRELL,
Plaintiff ,
v.
DWAYNE ESTES, et al.,
Defendants.

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) Case No. 5:12-cv-03905-VEH-TMP
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MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on October 24, 2013,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted.
(Doc. 12.)
Plaintiff filed objections to the report and recommendation on October 31,
2013. (Doc. 13.) Plaintiff’s sole objection to the magistrate judge’s report and
recommendation is that he did not consent to the designation of a magistrate judge to
his case. (Docs. 10.) He requests that the court “set aside and vacate” the magistrate
judge’s report and recommendation. Id.
The district court has statutory authority to delegate non-dispositive pretrial
matters to a magistrate judge for determination. See 28 U.S.C. § 636(b)(1)(A). The
district court need not obtain the consent of the parties before assigning these matters

to a magistrate judge. 28 U.S.C. § 636(b)(1)(A)-(C). Therefore, plaintiff’s objection
to the designation of a magistrate judge to his case (doc. 13) is OVERRULED.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections thereto, 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)(1) for failing to state a claim
upon which relief may be granted. A Final Judgment will be entered.
DATED this 8th day of November, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge

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