Wilhite v. Franklin et al

Filing 36

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

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
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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

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