Wilhite v. Franklin et al

Filing 36

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 2/25/16. (SAC )

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FILED 2016 Feb-25 PM 03:37 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JOEY LEE WILHITE, ) ) Plaintiff ) ) v. ) ) SHERIFF ANNE FRANKLIN, et al., ) ) Defendants ) Case No. 5:14-cv-01547-WMA-HGD MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on January 28, 2016, recommending that the plaintiff’s motion for preliminary and permanent injunctive relief (doc. 24) be denied and this action be dismissed for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1). The magistrate judge further recommended that supplemental jurisdiction over the plaintiff’s claims of violations of the constitution of the State of Alabama be declined. No objections to the report and recommendation 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 Page 1 of 2 recommendation is ACCEPTED. Accordingly, the plaintiff’s motion for preliminary and permanent injunctive relief (doc. 24) is due to be DENIED and this action is due to be DISMISSED for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1). Supplemental jurisdiction over the plaintiff’s claims of violations of the constitution of the State of Alabama is due to be DECLINED. A Final Judgment will be entered. DONE and ORDERED this 25th day of February, 2016. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE Page 2 of 2

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