Davis v. Vanshoiack et al

Filing 13

MEMORANDUM OPINION ADOPTING and ACCEPTING the 10 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 11/13/2017. (JLC)

FILED
2017 Nov-13 PM 04:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
GARY LAVON DAVIS,
Plaintiff,
v.
ANDREW VANSHOIACK, et al.,
Defendants.

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Case No. 5:16-cv-01853-VEH-JHE

MEMORANDUM OPINION
The magistrate judge filed a report on October 2, 2017, recommending 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.10). Although the magistrate
judge advised the plaintiff of his right to file specific written objections within fourteen
(14) days, the court has received no objections.1
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the magistrate judge’s report is hereby
ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with

1

The initial mailing of the report and recommendation was returned by the Postal Service
as undeliverable. Therefore, a copy of the Report and Recommendation was re-mailed to the
plaintiff on October 20, 2017, and it was ordered that he would have fourteen days from that date
to submit his objections.

28 U.S.C. § 1915A(b)(1), this 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.
DONE this 13th day of November, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge