Gaiter v. Williford et al

Filing 16

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 12/15/2014. (KEK)

FILED
2014 Dec-15 AM 09:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
GREGORY L. GAITER,
Plaintiff,
v.
SGT. LILLY WILLIFORD, and
WARDEN FREDDIE BUTLER,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 6:14-cv-00838-MHH-TMP

MEMORANDUM OF OPINION
The magistrate judge filed a report on November 24, 2014, 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). Although the plaintiff
was advised of his right to file specific written objections within fourteen days, he has
failed to object or otherwise respond to the report and recommendation.
Having carefully reviewed and considered de novo all the materials in the court
file, 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. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), this
action is due to be dismissed without prejudice for failing to state a claim upon which
relief can be granted. A Final Judgment will be entered contemporaneously herewith.

The plaintiff’s motion for appointment of counsel (doc. 5) is DENIED as moot.
DATED this 15th day of December, 2014.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE

2