Reaves v. Rasmussen

Filing 12

MEMORANDUM OF OPINION. Signed by Judge Abdul K Kallon on 9/9/2015. (AVC)

FILED
2015 Sep-09 PM 02:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

DONALD LEE REAVES,
Plaintiff,
v.
MICHAEL V. RASMUSSEN,
Defendant.

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Case No. 5:15-cv-0012-AKK-JHE

MEMORANDUM OF OPINION
The magistrate judge filed a report on August 18, 2015, recommending that
the federal claims in 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 magistrate judge further recommended that any state law claims
asserted in the complaint be dismissed without prejudice pursuant to 28 U.S.C. §
1367(c)(3). (Id.).
The copy of the report and recommendation mailed to the plaintiff at the
Cullman County Jail has been returned as undeliverable and with the notations
“Refused” and “Not Here!” (Doc. 11).

The complaint form that the plaintiff

completed and filed notified the plaintiff of his responsibility to notify the Clerk in
writing of any address change. (See doc. 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 hereby is ADOPTED and the
recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. §
1915A(b)(1), the federal claims in this action are due to be dismissed without
prejudice for failing to state a claim upon which relief can be granted.
Additionally, any state law claims asserted in the complaint are due to be
dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment
will be entered contemporaneously herewith.
DONE the 9th day of September, 2015.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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