Hacker v. Thomas et al

Filing 33

MEMORANDUM OPINION ADOPTING AND ACCEPTING the Magistrate Judge's 32 Report and Recommendation and DENYING 29 MOTION for Temporary Restraining Order. Signed by Judge Virginia Emerson Hopkins on 7/10/2017. (JLC)

FILED
2017 Jul-10 AM 09:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
TIMOTHY RAY HACKER,
Plaintiff,
v.
WILLIE THOMAS, Warden, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 5:16-cv-01773-VEH-SGC

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on May 26, 2017,
recommending that: (1) this action, filed pursuant to 42 U.S.C. § 1983, be dismissed
under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be
granted; and (2) the plaintiff’s request for a temporary restraining order be denied.
(Doc. 32). Although the magistrate judge advised the plaintiff of his right to file
specific written objections within fourteen (14) days, no objections have been
received by the court. 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 the recommendation.
Accordingly, the plaintiff’s amended complaint is due to be dismissed without
prejudice pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which
relief may be granted. The motion seeking a temporary restraining order is DENIED.

A Final Judgment will be entered.
DONE and ORDERED this 10th day of July, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

2