James v. Sussmane et al

Filing 12

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 9/29/14. (SAC )

FILED
2014 Sep-29 PM 02:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAMIE DEWAN JAMES, SR.,
Plaintiff,
v.
RANDY SUSSMANE, et. al.,
Defendants.

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) Case No. 5:13-cv-01416-WMA-JHE
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MEMORANDUM OF OPINION
On August 13, 2014, the magistrate judge filed a report and
recommendation recommending 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 and the state law claims be
dismissed without prejudice pursuant to 28 U.S.C. § 1367(c).
9).

(Doc.

No objections have been filed.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 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, and the state law claims are due to be dismissed without
prejudice pursuant to 28 U.S.C. § 1367(c).

1

The copy of the report and recommendation sent to the
plaintiff at the address he provided to the court was returned as
undeliverable. (Doc. 10). Because the returned envelope included
a new address indicating that plaintiff had been transferred to a
different facility, the report and recommendation was resent to
that facility. The send copy was also returned as undeliverable.
(Doc. 11).

A separate order will be entered.
DONE this 29th day of September 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

2