Montgomery v. Walker County Jail et al

Filing 14

MEMORANDUM OPINION ADOPTING and ACCEPTING the 13 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Virginia Emerson Hopkins on 11/23/2015. (JLC)

FILED
2015 Nov-23 AM 09:28
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
LAVON A. MONTGOMERY, )
)
Plaintiff,
)
)
v.
)
)
WALKER COUNTY JAIL,
)
et al.,
)
)
Defendant.
)

CASE NO.:
6:15-CV-1294-VEH-JEO

MEMORANDUM OPINION
The case is before the court on the frivolity determination by the
magistrate judge. (Doc. 13.) On October 26, 2015, the magistrate judge
filed his Report and Recommendation, doc. 13, and recommended that
this action be dismissed without prejudice as frivolous, pursuant to 28
U.S.C. § 1915A(b)(1).

The plaintiff has filed no objections to the

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 and Recommendation is

due to be and is hereby ADOPTED and his recommendation is
ACCEPTED. The Court EXPRESSLY FINDS that this action is frivolous.
Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. A
Final Judgment Order will be entered.
DONE this the 23rd day of November, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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