Edwards v. Tuscaloosa Police Department

Filing 18

MEMORANDUM OF OPINION-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. The Pltf filed a motion for discovery 17 . The motion is hereby DENIED as moot. Signed by Judge R David Proctor on 8/21/2012. (AVC)

FILED
2012 Aug-21 PM 03:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
CARLTON R. EDWARDS,
Plaintiff,
v.
DARREN H. BEAMS and
SCOTT HOLMES,
Defendants.

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Case No. 7:12-cv-01091-RDP-RRA

MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on July 25, 2012,
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 Plaintiff
was advised of his right to file specific written objections within fifteen days, he has not
responded to the Report and Recommendation.1
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. Accordingly, this action is due to be dismissed without prejudice for failing

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Plaintiff did file a motion for discovery on July 27, 2012. (Doc. #17). However, the certificate of
service on that document shows that it was mailed prior to the July 25, 2012, Report and Recommendation
and therefore cannot be construed as a response thereto. The motion is hereby DENIED as moot.

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.
DONE and ORDERED this

21st

day of August, 2012.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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