Cole v. Blakely et al

Filing 12

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 5/15/2014. (PSM)

FILED
2014 May-15 AM 09:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
ERIC DWAIN COLE,
Plaintiff
vs.
SHERIFF MIKE BLAKELY, et al.,
Defendants

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Case No. 5:13-cv-02007-AKK-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report on April 4, 2014, recommending that 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)(1). (Doc. 10). The plaintiff has not
responded 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 is hereby ADOPTED and the
recommendation is ACCEPTED.

Therefore, in accordance with 28 U.S.C.

1

The copy of the Report and Recommendation mailed to the plaintiff at the Limestone
County Jail was returned by the Postal Service as undeliverable, and with a notation that the plaintiff
had been released. On the complaint form completed and filed by the plaintiff, he was notified of
his responsibility to keep the court informed of any address change.
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§ 1915A(b)(1), 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
contemporaneously herewith.
DATED this 15th day of May, 2014.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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