DeLacruz v. Wallace et al

Filing 9

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 8/26/15. (SAC )

FILED
2015 Aug-26 PM 04:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
HUGO LOPEZ DELACRUZ,
Plaintiff,
v.
STEPHEN C. WALLACE, et al.,
Defendants.

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) Case No. 7:14-cv-02200-KOB-JEO
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MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on July 6, 2015,
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.
8). No party has filed any objections.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court ADOPTS the magistrate judge’s
report and ACCEPTS his recommendation. The Plaintiff claims that the affidavits
attested to by Defendant Cotton to obtain the warrants were invalid because Cotton was
not present at the scene of the shooting. However, the law does not require that Cotton
be present at the scene of the shooting or have personal knowledge of the facts for his
affidavits in support of the warrants to be valid. See United States v. Flynn, 664 F.2d
1296, 1303 (11th Cir. 1982) (citing United States v. Hayles, 471 F.2d 788 (5th Cir.

1973)). As explained in the report and recommendation, the Plaintiff does not allege that
Cotton signed the affidavits for the warrants knowing they were false or with reckless
disregard for whether they were false. Accordingly, the court finds that 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.
The court will enter a Final Judgment by separate Order.
DONE and ORDERED this 26th day of August, 2015.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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