Dobyne v. Wiggins et al

Filing 15

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 4/24/17. (SAC )

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FILED 2017 Apr-24 PM 04:58 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION LEE THOMAS DOBYNE, Plaintiff , v. MARVIN WIGGINS, et al., Defendants. ) ) ) ) ) Case No. 5:15-cv-01814-KOB-JHE ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report on February 17, 2017, 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).1 (Doc. 14). Although the magistrate judge advised the plaintiff of his right to file specific written objections within fourteen days, he has filed no objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), the court finds that this action is due to be 1 Accordingly, the plaintiff’s motion to expedite the proceedings, (doc. 13), should be DENIED as MOOT. dismissed without prejudice for failing to state a claim upon which relief can be granted. The court will enter a separate Final Order. DONE and ORDERED this 24th day of April, 2017. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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