Smith v. Bennett et al

Filing 39

MEMORANDUM OPINION. Signed by Judge R David Proctor on 5/8/2018. (KAM)

FILED
2018 May-08 PM 12:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
SERON SMITH,
Plaintiff,
v.
WILLIAM BENNETT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

7:16-cv-01421-RDP-TMP

MEMORANDUM OPINION
The Magistrate Judge filed a report on April 13, 2018, recommending that all
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). (Doc. 38). The
Magistrate Judge further recommended that all state law negligence claims be
dismissed without prejudice pursuant to 28 U.S.C. § 1367(c). (Id.). Although the
Magistrate Judge advised 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 hereby ADOPTED and the recommendation is ACCEPTED. Therefore, in
accordance with 28 U.S.C. § 1915A(b), all 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, Plaintiff’s state law negligence claims 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 May 8, 2018.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

2