Chitwood v. Thomas et al, No. 5:2012cv00550 - Document 9 (N.D. Ala. 2012)

Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/30/12. (CVA)

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FILED 2012 Oct-30 AM 11:50 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TERRY EUGENE CHITWOOD, Plaintiff , v. KIM THOMAS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:12-cv-00550-AKK MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on September 17, 2012, 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. No objections were filed. 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. Accordingly, 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. A Final Judgment will be entered. DONE this the 30th day of October, 2012. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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