Campbell v. Gentry et al

Filing 40

MEMORANDUM OPINION that the magistrate judge's 38 Report and Recommendation is ADOPTED and the recommendation is ACCEPTED. Signed by Judge Virginia Emerson Hopkins on 8/10/2016. Copy served on plff on this date.(YMB)

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FILED 2016 Aug-10 PM 03:09 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION WILLIAM O’NEAL CAMPBELL Plaintiff, v. ADAM WHITEHEAD, et al., Defendants ) ) ) ) ) ) ) ) ) Case Number: 5:15-cv-00240-VEH-SGC MEMORANDUM OF OPINION The magistrate judge filed a report on July 13, 2016, recommending 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). Although Plaintiff was advised of his right to file specific written objections within fourteen calendar days, he has failed to respond 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. § 1915A(b)(1), this Plaintiff did file a Notice, doc. 39, but that Notice does not join issue with the Report and Recommendation, nor call into question any factual determination or legal conclusion contained therein. 1 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. DONE this 10th day of August, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2

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