Nimock v. Walker County District Court

Filing 14

ORDER AND FINAL JUDGMENT-re: R&R 12 . 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. It is hereby ORDERED, ADJUDGED, AND DECREED that this action is DIMSISSED for failure to state a claim for which relief can be granted. Signed by Judge R David Proctor on 1/3/2013. (AVC)

FILED
2013 Jan-03 AM 11:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
DEVON LAMARR NIMOCK,
Plaintiff,
v.
WALKER COUNTY DISTRICT
COURT,
Defendant.

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Case No. 6:12-CV-00572-RDP-TMP

ORDER AND FINAL JUDGMENT
On December 7, 2012, the Magistrate Judge filed his Report and Recommendation in the
above-styled action recommending that this court dismiss Plaintiff's Complaint for failure to state
a claim for which relief can be granted. (Doc. # 12). Although objections to the Report and
Recommendation were due to be filed within fifteen (15) days, see Fed. R. Civ. P. 72(b), no
objections were filed.1
Having now carefully reviewed and considered de novo all of the materials in the court file,2
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.

1

The court notes that in his Complaint, Plaintiff sought to be released from the Walker
County Jail. The court further notes that the docket reflects that mail addressed to Plaintiff at the
Walker County Jail was returned as undeliverable.
2

The court notes that it was not required to conduct an independent review of the Report and
Recommendation in this case because no party has filed objections. Fed. R. Civ. P. 72(b); Thomas
v. Arn, 474 U.S. 140, 150 (1985)("It does not appear that Congress intended to require district court
review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings."). Nonetheless, the court has carefully reviewed the
Magistrate Judge's Report and agrees with his conclusions.

It is hereby ORDERED, ADJUDGED, AND DECREED that this action is DISMISSED
pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2) for failure to state a claim for which relief can be
granted.
The Clerk of the Court is DIRECTED to mail a copy of this order to Plaintiff at the address
listed on the docket sheet, as well as that address listed in his Complaint: 1203 G Beacon Pkwy E,
Birmingham, AL 35209.
DONE and ORDERED this

3rd

day of January, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

2

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley

In Replying Give Number
Of Case and Names of Parties

Clerk

NOTICE TO PRISONERS CONCERNING CIVIL APPEALS
The Prison Litigation Reform Act of 1995 (effective April 26, 1996) now REQUIRES
that all prisoners pay the Court's $450 docket fee plus $5 filing fee (for a total of $455) when
appealing any civil judgment.
If you wish to appeal in a civil case that Act now requires that upon filing a notice of
appeal you either:
(1)

Pay the total $455 fee to the clerk of the district court from which this case arose;
or

(2)

arrange to have a prison official certify to the district court from which the appeal
arose the average monthly deposits and balances in your prison account for each
of the six months preceding the filing of a notice of appeal.

If you proceed with option (2) above, the Act requires that the district court order you to
pay an initial partial fee of at least 20% of the greater of either the average monthly deposits or
of the average monthly balances shown in your prison account. The remainder of the total $455
fee will thereafter be deducted from your prison account each month that your account balance
exceeds $10. Each such monthly deduction shall equal 20% of all deposits to your prison
account during the previous month, until the total $455 fee is paid. (If your prison account
statement shows that you cannot pay even the required initial partial fee, your appeal may
nevertheless proceed, BUT THE TOTAL $455 FEE WILL BE ASSESSED AGAINST AND
WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON ACCOUNT.)
Fees are not refundable, regardless of outcome, and deductions from your prison account
will continue until the total $455 fee is collected, even if an appeal is unsuccessful.
THOMAS K. KAHN
Clerk
PLRA Notice

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