Barker v. Thomas et al

Filing 8

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 1/2/13. (KGE, )

FILED
2013 Jan-02 PM 01:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
JOHN BARKER,

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Plaintiff ,
v.
WARDEN THOMAS, et al.,
Defendants.

Case No. 7:12-cv-02443-WMA-TMP

MEMORANDUM OF OPINION
The magistrate judge filed a report on December 3, 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 the plaintiff was advised of his right to file specific written
objections within fifteen days, he has failed to 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. Accordingly, this action
is due to be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state
a claim upon which relief can be granted. A Final Judgment will be entered.
DATED this 2nd day of January, 2013.

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WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE