Wallace v. Hammontree et al

Filing 13

MEMORANDUM OF OPINION. Signed by Judge R David Proctor on 1/5/2015. (AVC)

FILED
2015 Jan-05 PM 03:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

GILBERT J. WALLACE,
Plaintiff,
v.
Dr. LEE HAMMONTREE, et al.,
Defendants.

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Case No. 7:14-cv-01756-RDP-TMP

MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on November 25, 2014,
recommending that the federal claims in 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). The
Magistrate Judge further recommended that any state law claims asserted in the complaint
be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Although Plaintiff was
advised of his right to file specific written objections within fourteen days, and was granted
fourteen additional days on December 12, 2014, 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 is hereby ADOPTED and the recommendation is

ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), the federal claims
in this action are due to be dismissed without prejudice for failing to state a claim upon
which relief can be granted. Additionally, any state law claims asserted in the complaint are
due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment
will be entered contemporaneously herewith.
DONE and ORDERED this

5th

day of January, 2015.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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