Hercules v. Thomas et al

Filing 11

MEMORANDUM OPINION ADOPTING and ACCEPTING 10 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Virginia Emerson Hopkins on 7/1/2015. (JLC)

FILED
2015 Jul-01 AM 11:16
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
THOMAS HERCULES,
Plaintiff,
v.
KIM THOMAS, et al.,
Defendants.

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) Case No. 5:14-CV-0829-VEH-TMP
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MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on May 29, 2015,
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.
10). No objections have been filed by either party.
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 is 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. A Final Judgment will be entered.

DONE and ORDERED this 1st day of July, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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