Roberts v. Hughston et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 1/26/15. (SAC )
2015 Jan-26 PM 01:19
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
THOMAS JAMES ROBERTS,
JUDGE HAROLD HUGHSTON,
JR., et al.,
Case No. 7:14-cv-01035-WMA-HGD
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on December 23,
2014, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed
under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be
granted. (Doc. 22). After filing his twelfth attempt to amend his complaint,1 which
The plaintiff’s initial complaint (Doc. 1) was followed by eight subsequent motions seeking
to add, delete, or otherwise modify the claims alleged. (See Docs. 3, 7, 8, 9, 10, 11, 12, 13, 14). On
August 7, 2014, the plaintiff was ordered to file one final amended complaint. (Doc. 15). The
plaintiff complied with that order and filed his final amended complaint. (Doc. 20). After the order
had been issued, but before the plaintiff’s final amended complaint was received, several additional
motions to amend the complaint were received by the court. (See Docs. 16, 17, 18). Thereafter, the
second final amended complaint to which the plaintiff apparently is referring, was filed in December
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was received by this court on December 29, 2014 (Doc. 23), the plaintiff filed
objections to the report and recommendation on January 6, 2015. (Doc. 24).
The plaintiff objects to the failure of the magistrate judge to have considered
“the contention raised in the amended complaint.” (Doc. 24 at 1). The plaintiff fails,
however, to identify what contention in the amended complaint was not addressed in
the report and recommendation.
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 objections are due to be and are hereby OVERRULED, 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) for failing to state a claim upon which relief may
be granted. A Final Judgment will be entered.
DONE this 26th day of January, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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