Amerson v. Williams et al
Filing
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MEMORANDUM OPINION-After careful consideration of the record in this case and the magistrate judge's report, the court ADOPTS the report and ACCEPTS the recommendation.A Final Judgment will be entered. Signed by Judge Anna M Manasco on 01/29/2025. (AKD)
FILED
2025 Jan-29 PM 01:33
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
BRETT STEVEN AMERSON,
Plaintiff,
v.
MARTHA E. WILLIAMS, et al.,
Defendants.
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Case No. 5:22-cv-169-AMM-JHE
MEMORANDUM OPINION
On December 20, 2024, the magistrate judge entered a report recommending
the court dismiss the plaintiff’s federal claims without prejudice pursuant to 28
U.S.C. § 1915A(b)(1)–(2) for failing to state a claim upon which relief may be
granted and seeking monetary relief from a defendant who is immune from such
relief. Doc. 22. The magistrate judge further recommended the court decline to
exercise supplemental jurisdiction over the plaintiff’s state law claim pursuant to 28
U.S.C. § 1367(c)(3). Doc. 22. The magistrate judge advised the plaintiff of his right
to file written objections to the report and recommendation within fourteen days. Id.
at 9–10.
On January 7, 2025, the magistrate judge noted that an exhibit referenced in
the report and recommendation was inadvertently omitted and directed the Clerk of
Court to resend the report and recommendation to the plaintiff along with the exhibit.
Doc. 23. The magistrate judge directed the plaintiff to file any objections to the
report and recommendation within fourteen days. Id. More than fourteen days have
elapsed, and the court has not received any objections.
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the report and ACCEPTS the recommendation.
Consistent with that recommendation and 28 U.S.C. § 1915A(b)(1)–(2), the
plaintiff’s federal claims are due to be dismissed without prejudice for failing to state
a claim upon which relief may be granted and seeking monetary relief from a
defendant who is immune from suit. Additionally, the plaintiff’s state-law claim is
due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
A Final Judgment will be entered.
DONE and ORDERED this 29th day of January, 2025.
_________________________________
ANNA M. MANASCO
UNITED STATES DISTRICT JUDGE
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