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)

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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. ) ) ) ) ) ) ) ) ) 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 2

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