Calhoun v. Talladega County City Police Department et al, No. 1:2017cv00261 - Document 16 (N.D. Ala. 2017)

Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 11 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 10/13/2017. (JLC)
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Calhoun v. Talladega County City Police Department et al Doc. 16 FILED 2017 Oct-13 AM 09:06 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION LEANDER CALHOUN, Plaintiff, v. OFFICER KEN SISK, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-00261-VEH-TMP MEMORANDUM OPINION The magistrate judge filed a report on July 25, 2017, recommending this action be dismissed without prejudice for failing to state a claim upon which relief can be granted. (Doc. 11). The plaintiff filed objections to the report and recommendation on August 16, 2017. (Doc. 14). However, the objections are meritless because first they fail to adequately address either of the magistrate judge’s findings that the plaintiff’s claims are subject to dismissal under Heck v. Humphrey, 512 U.S. 477 (1994), or alternatively that the plaintiff’s claims are barred by the applicable statute of limitations. Accordingly, having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, and the objections thereto, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § Dockets.Justia.com 1915A(b)(1), this action is due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. A Final Judgment will be entered. DONE this the 13th day of October, 2017. _________________________________ VIRGINIA EMERSON HOPKINS UNITED STATES DISTRICT JUDGE 2