Atchison v. Clark, No. 2:2012cv00053 - Document 7 (N.D. Ala. 2012)

Court Description: MEMORANDUM OF OPINION. Signed by Judge Virginia Emerson Hopkins on 09/17/12. (CVA)

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FILED 2012 Sep-17 PM 01:55 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DOLPHUS ATCHISON, III, Plaintiff vs. BRIAN D. CLARK, Defendant ) ) ) ) ) ) ) ) ) Case No. 2:12-CV-53-VEH-HGD MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on July 26, 2012, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. (Doc. 6). No objections were 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 the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered. DONE this the 17th day of September, 2012. VIRGINIA EMERSON HOPKINS United States District Judge

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