Lambert v. Alabama Department of Corrections et al

Filing 36

MEMORANDUM OPINION ADOPTING and ACCEPTING the 35 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 8/1/2016. (JLC)

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FILED 2016 Aug-01 AM 11:25 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ANTWAN LAMBERT Plaintiff, v. SGT. JAMISON PARKER, et al., Defendants. ) ) ) ) ) ) ) ) ) Case Number: 7:15-cv-00345-VEH-HGD MEMORANDUM OF OPINION The magistrate judge filed a report on June 28, 2016, recommending 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). Although Plaintiff was advised of his right to file specific written objections within fourteen calendar days, 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), this action is due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. A Final Judgment will be entered contemporaneously herewith. DONE this 1st day of August, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2

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