Gaddis v. Andrijeski et al, No. 1:2016cv00682 - Document 25 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 24 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 12/15/2016. (JLC)

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Gaddis v. Andrijeski et al Doc. 25 FILED 2016 Dec-15 PM 03:59 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION THOMAS GADDIS, Plaintiff, v. LAURIE ANDRIJESKI, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-00682-VEH-JEO MEMORANDUM OPINION The plaintiff has filed a pro se final amended complaint pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the Constitution or laws of the United States. (Doc. 20). On November 22, 2016, the magistrate recommended that this action be DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b)(1) and (2), for failing to state a claim upon which relief can be granted, and for asserting monetary claims against a defendant who is immune from such claims. (Doc. 24 at 9-10) (emphasis in original). The time for objecting to that recommendation has expired and 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 is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that this Dockets.Justia.com action is due to be DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915A(b)(1) and (2), for failing to state a claim upon which relief can be granted, and for asserting monetary claims against a defendant who is immune from such claims. A Final Judgment will be entered. DONE and ORDERED this 15th day of December, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2

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