Davis v. Batts et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/31/2017. (KBB)
2017 Oct-31 PM 03:53
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
GARY LAVON DAVIS,
JERRY L BATTS, ET AL,
Case No. 5:17-cv-00062-AKK-JHE
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) and
(2), for failing to state a claim upon which relief can be granted, and for seeking
monetary relief against defendants who are immune from such relief. Doc. 9.
Although the magistrate judge advised the plaintiff of his right to file specific
written objections within fourteen days, no objections have been received by the
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
The initial copy of the report and recommendation mailed to the plaintiff was returned by the
Postal Service for lack of postage on October 10, 2017. Doc. 10. A copy of the report and
recommendation was re-mailed to the plaintiff on that date. Therefore, the plaintiff’s fourteenday deadline to file written objections is determined from October 10, 2017.
accordance with 28 U.S.C. § 1915A(b)(1) and (2), this action is due to be
dismissed without prejudice for failing to state a claim upon which relief can be
granted, and for seeking monetary relief from defendants who are immune from
such relief. A Final Judgment will be entered.
DONE the 31st day of October, 2017.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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