Griggs v. Corizon Health Inc. et al, No. 1:2016cv00814 - Document 10 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 9 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 10/12/2016. (JLC)

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Griggs v. Corizon Health Inc. et al Doc. 10 FILED 2016 Oct-12 PM 02:37 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION NEVIN GRIGGS, ) ) Plaintiff, ) ) v. ) ) CORIZON HEALTH INC., et al., ) ) Defendants. ) Case No. 1:16-cv-00814-VEH-JEO MEMORANDUM OPINION The Plaintiff filed a pro se complaint pursuant to 42 U.S.C. § 1983 alleging violations of his rights under the Constitution or laws of the United States. (Doc. 4). In accordance with the usual practices of this court and 28 U.S.C. § 636(b)(1), the complaint was referred to a magistrate judge for a preliminary report and recommendation. See McCarthy v. Bronson, 500 U.S. 136 (1991). The magistrate judge filed a report and recommendation on September 20, 2016, stating, in pertinent part: the undersigned RECOMMENDS this action 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. The undersigned FURTHER RECOMMENDS that the plaintiff’s state law claims for be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c). (Doc. 9 at 9-10) (bold and capitalization in original). No objections have been filed Dockets.Justia.com by any party. 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 action should 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. The Court also EXPRESSLY FINDS that the Plaintiff's state law claims should be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c). A final order will be entered separately. DONE and ORDERED this 12th day of October, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2

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