Green v. Harris et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 9/17/12. (ASL)
2012 Sep-17 PM 04:18
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
TERRY JEROME GREEN,
RICHARD W. HARRIS, et al.,
) Case No. 6:12-CV-264-VEH-PWG
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on August 31, 2012,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted.
(Doc. 11.) Specifically, the magistrate judge found that plaintiff failed to state a
constitutional claim against defendants for allegedly failing to intervene or discipline
inmates who yelled a racial slur at him as he was being escorted past a cellblock. The
plaintiff filed objections to the report and recommendation on September 11, 2012.
In his objections, plaintiff complains that the magistrate judge failed to address
his claims that: (1) prison officials have prohibited him from receiving mail from his
wife and family members and; (2) he has not committed a disciplinary infraction and,
therefore, should be assigned to general population. Plaintiff’s objections are
completely unrelated to the claims made in his complaint. Plaintiff was advised that
the filing of objections is not a proper vehicle to make new allegations. (Doc. 11 at
5.) Therefore, plaintiff’s objections are OVERRULED.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections thereto, the Court
is of the opinion that the magistrate judge's report is due to be and is hereby
ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint
is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim
upon which relief may be granted. A Final Judgment will be entered.
DONE this the 17th day of September, 2012.
VIRGINIA EMERSON HOPKINS
United States District Judge
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