Johnson v. Blakely et al

Filing 17

MEMORANDUM OPINION ADOPTING and ACCEPTING the 16 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 11/14/2017. (JLC)

FILED
2017 Nov-14 AM 09:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAMES LYNN JOHNSON, JR.,
Plaintiff,
v.
SHERIFF MIKE BLAKELY, et al.,
Defendants.

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Case No. 5:17-cv-00213-VEH-JHE

MEMORANDUM OPINION
The magistrate judge filed a report on October 19, 2017, recommending that 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. 16). 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). (Id.). Although the plaintiff was
advised of his right to file specific written objections within fourteen days, he has
failed to respond to the report and recommendation.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the Court is of the opinion that the
magistrate judge's report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, this action is due to 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).
A Final Judgment will be entered.
DONE this the 14th day of November, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

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