Defoe v. Mitchell

Filing 12

MEMORANDUM OPINION- the court ADOPTS the magistrate judges report and ACCEPTS his recommendation. Signed by Judge Anna M Manasco on 11/18/2021. (DNW)

FILED
2021 Nov-18 AM 08:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DERRICK DEFOE,
Plaintiff,
v.
HARLAN MITCHELL,
Defendant.

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Case No. 5:21-cv-00244-AMM-HNJ

MEMORANDUM OPINION
Plaintiff Derrick Defoe has filed a pro se original and amended complaint
pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the
Constitution or laws of the United States. Doc. 1; Doc. 5. On October 21, 2021, the
magistrate judge entered a report recommending Mr. Defoe’s federal claims 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. 11 at 5. The magistrate judge
further recommended that Mr. Defoe’s state law claim for legal malpractice be
dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Id. Although the
magistrate judge advised Mr. Defoe of his right to file specific written objections
within fourteen days, 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 court ADOPTS the

magistrate judge’s report and ACCEPTS his recommendation. Therefore, in
accordance with 28 U.S.C. § 1915A(b)(1), Mr. Defoe’s federal claims are
dismissed without prejudice for failing to state a claim upon which relief can be
granted. Additionally, Mr. Defoe’s state law claims asserted in the complaint are
dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
A Final Judgment will be entered.
DONE and ORDERED this 18th day of November, 2021.

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ANNA M. MANASCO
UNITED STATES DISTRICT JUDGE

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