Fails v. Morgan County Detention Center Medical Staff et al

Filing 13

MEMORANDUM OPINION that the magistrate judge's report is ADOPTED and the recommendation is ACCEPTED and in accordance with 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. Signed by Judge Liles C Burke on 1/11/2019. (AHI)

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FILED 2019 Jan-11 AM 10:11 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION MELVIN LLOYD FAILS, ) ) ) ) ) ) ) ) ) Plaintiff, v. MORGAN COUNTY DETENTION CENTER MEDICAL STAFF, et al., Case No. 5:17-cv-01754-LCB-SGC Defendants. MEMORANDUM OPINION The magistrate judge filed a report on October 24, 2018, 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). The magistrate judge also advised the plaintiff of his right to file specific written objections within fourteen days. (Id.). On November 14, 2018, the magistrate judge granted the plaintiff a 45-day extension of time to file objections. (Doc. 12). However, 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 magistrate judge’s report is ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 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 and ORDERED January 11, 2019. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE

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