Mitchell v. Ensor et al

Filing 12

MEMORANDUM OF OPINION. Signed by Judge Virginia Emerson Hopkins on 8/29/2014. (AVC)

FILED
2014 Aug-29 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
JERMAINE MITCHELL,
Plaintiff,
v.
TIMOTHY ENSOR, et. al.,
Defendants.

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) Case No.: 7:13-cv-1314-VEH-SGC
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MEMORANDUM OF OPINION

On August 6, 2014, the magistrate judge entered a report and recommendation recommending
that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b)(1) for
failing to state a claim upon which relief may be granted. (Doc. 11). The parties were allowed
fourteen days to file objections to the report and recommendation. (Id.). No objections were filed.
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 the magistrate judge’s report is due to be and
is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due
to be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief
may be granted. A final judgment will be entered separately.
DONE this 29th day of August, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge