Anglen v. Fayette County Jail et al

Filing 12

MEMORANDUM OPINION; The Court is of the Opinion that the Magistrate Judge's 9 Report is hereby ADOPTED and the 9 Recommendation is ACCEPTED. Plaintiff's 10 MOTION to Appoint Counsel is DENIED as moot. Signed by Judge Virginia Emerson Hopkins on 6/12/2013. (JLC)

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FILED 2013 Jun-12 AM 11:43 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA JASPER DIVISION MICHAEL PATRICK ANGLEN, Plaintiff vs. FAYETTE COUNTY JAIL, et al., Defendants ) ) ) ) ) ) ) ) ) Case No. 6:13-cv-00126-VEH-HGD MEMORANDUM OF OPINION The magistrate judge filed a report on April 25, 2013, recommending that this action be dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). (Doc. 9). In conjunction with a motion for appointment of counsel, the plaintiff submitted objections to the report and recommendation on May 2, 2013. (Doc. 10). 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 hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, this action is due to be Page 1 of 2 dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). A Final Judgment will be entered. The plaintiff’s motion for appointment of counsel (Doc. 10) is DENIED as moot. DATED this 12th day of June, 2013. VIRGINIA EMERSON HOPKINS United States District Judge Page 2 of 2

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