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)

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

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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.
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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

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