Hayes v. Price et al, No. 2:2012cv01872 - Document 26 (N.D. Ala. 2013)

Court Description: MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 5/30/2013. (AHI)

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FILED 2013 May-30 AM 11:19 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NATHANIEL HAYES, Plaintiff, v. WARDEN CHERYL PRICE, et al., Defendants. ) ) ) ) ) Case No. 2:12-cv-01872-CLS-MHH ) ) ) ) ) MEMORANDUM OPINION The magistrate judge filed a report January 22, 2013, recommending that this action be dismissed without prejudice as frivolous, pursuant to 28 U.S.C. § 1915A(b)(1). The plaintiff filed objections to the report and recommendation on February 6, 2013. Upon review of the plaintiff s objections, the court finds them to be without merit. 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 Court is of the opinion that the magistrate judge's report is due to be, and it hereby is, ADOPTED, and the recommendation is ACCEPTED. This action is therefore due to be dismissed as frivolous, pursuant to 28 U.S.C. § 1915A(b)(1). A Final Judgment will be entered. DONE this 29th day of May, 2013. ______________________________ United States District Judge 2
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