Thomas v. Sellers et al, No. 1:2014cv02158 - Document 15 (N.D. Ala. 2015)

Court Description: MEMORANDUM OPINION as more fully set out. Signed by Judge C Lynwood Smith, Jr on 07/15/15. (SPT )
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Thomas v. Sellers et al Doc. 15 FILED 2015 Jul-15 PM 02:34 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION TIVON ROLLIE THOMAS, Plaintiff, vs. MARTY SELLERS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:14-cv-2158-CLS-JEO MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on June 10, 2015, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). No objections have been 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 it hereby is, ADOPTED, and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted pursuant to under 28 U.S.C. § 1915A(b)(1) and/or (2). A Final Dockets.Justia.com Judgment will be entered. DONE this 15th day of July, 2015. ______________________________ United States District Judge