Burwell v. Madison County Jail et al

Filing 13

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 5/26/17. (SAC )

FILED
2017 May-26 AM 09:33
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
VINCENT BURWELL,
Plaintiff,
v.
SHERIFF BLAKE DORNING, et al.,
Defendants.

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Case No. 5:16-cv-00563-KOB-JHE

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on April 25, 2017,
recommending the federal claims in this action be dismissed without prejudice,
pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief
can be granted. (Doc. 12). 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). No party has filed any objections.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the court ADOPTS the
magistrate judge’s report and ACCEPTS his recommendations.

Therefore, in

accordance with 28 U.S.C. § 1915A(b)(1), the court finds that the plaintiff’s
federal claims are due to be dismissed without prejudice for failing to state a claim
upon which relief can be granted, and any state law claims asserted in the

complaint are due to be dismissed without prejudice pursuant to 28 U.S.C. §
1367(c)(3).
The court will enter a separate Final Order.
DONE and ORDERED this 26th day of May, 2017.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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