Triplett v. Holifield

Filing 11

MEMORANDUM OF OPINION-re: R&R 9 . 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. Signed by Judge R David Proctor on 10/18/2013. (AVC)

FILED
2013 Oct-18 AM 10:10
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION

TYRONE TRIPLETT,

)
)
Plaintiff,
)
)
v.
)
)
OFFICER ANTHONY D. HOLIFIELD, )
)
Defendant.
)

Case No. 7:13-cv-01052-RDP-HGD

MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on October 2, 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. § 1915(e)(2)(B)(ii). (Doc. #9). Plaintiff submitted
objections to the Report and Recommendation on October 15, 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 dismissed without prejudice for failing to state
a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). A Final
Judgment will be entered.
DONE and ORDERED this

18th

day of October, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE