Defoe v. Mitchell, No. 5:2021cv00244 - Document 12 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION- the court ADOPTS the magistrate judges report and ACCEPTS his recommendation. Signed by Judge Anna M Manasco on 11/18/2021. (DNW)

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Defoe v. Mitchell Doc. 12 FILED 2021 Nov-18 AM 08:41 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION DERRICK DEFOE, Plaintiff, v. HARLAN MITCHELL, Defendant. ) ) ) ) ) ) ) ) ) Case No. 5:21-cv-00244-AMM-HNJ MEMORANDUM OPINION Plaintiff Derrick Defoe has filed a pro se original and amended complaint pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the Constitution or laws of the United States. Doc. 1; Doc. 5. On October 21, 2021, the magistrate judge entered a report recommending Mr. Defoe’s federal claims be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief can be granted. Doc. 11 at 5. The magistrate judge further recommended that Mr. Defoe’s state law claim for legal malpractice be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Id. Although the magistrate judge advised Mr. Defoe of his right to file specific written objections within fourteen 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 court ADOPTS the Dockets.Justia.com magistrate judge’s report and ACCEPTS his recommendation. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), Mr. Defoe’s federal claims are dismissed without prejudice for failing to state a claim upon which relief can be granted. Additionally, Mr. Defoe’s state law claims asserted in the complaint are dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment will be entered. DONE and ORDERED this 18th day of November, 2021. _________________________________ ANNA M. MANASCO UNITED STATES DISTRICT JUDGE 2

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