Loyde v. Thomas et al

Filing 12

MEMORANDUM OPINION ADOPTING and ACCEPTING the 11 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 7/25/2017. (JLC)

FILED
2017 Jul-25 PM 03:49
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
JOE LENARD LOYDE,
Plaintiff,
v.
WILLIE THOMAS, Warden, et al.,
Defendants.

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) Case No. 7:16-cv-01253-VEH-SGC
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MEMORANDUM OPINION
The magistrate judge filed a report on May 25, 2017, recommending that this
action, filed pursuant to 42 U.S.C. § 1983, be dismissed without prejudice for failing
to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b).
(Doc. 11). Although the magistrate judge advised the plaintiff of his right to file
specific written objections within fourteen (14) days, no objections have been
received by the court.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the magistrate judge’s report is
ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with
28 U.S.C. § 1915A(b), the plaintiff’s federal claims are due to be dismissed without
prejudice for failing to state a claim upon which relief may be granted. Additionally,

the plaintiff’s 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.
DONE and ORDERED this 25th day of July, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

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