Whitworth v. Story et al, No. 2:2012cv00243 - Document 29 (N.D. Ala. 2012)

Court Description: MEMORANDUM OF OPINION. Signed by Judge Inge P Johnson on 12/11/12. (CVA)

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FILED 2012 Dec-11 PM 02:14 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RONALD L. WHITWORTH, JR., Plaintiff v. AGENT ALTON STORY, et al., Defendants ) ) ) ) ) ) ) ) ) Case No. 2:12-cv-00243-IPJ-HGD MEMORANDUM OF OPINION The magistrate judge filed a report on November 9, 2012 , recommending that this action be dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). Plaintiff filed objections to the report and recommendation on November 21, 2012. Therefore, having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and plaintiff s objections thereto, 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. This action is due to be dismissed without prejudice for failing to state a claim upon which relief can be Page 1 of 2 granted, pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2). A Final Judgment will be entered. The Clerk is DIRECTED to serve a copy of this order on the plaintiff. DONE this 11th day of December 2012. INGE PRYTZ JOHNSON U.S. DISTRICT JUDGE Page 2 of 2

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