Montgomery v. Fondren et al, No. 2:2012cv02455 - Document 30 (N.D. Ala. 2013)

Court Description: MEMORANDUM OF OPINION-re: R&R 28 . 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. Signed by Judge Robert B Propst on 10/15/2013. (AVC)
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FILED 2013 Oct-15 AM 08:49 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALFRED P. MONTGOMERY, ) ) ) ) ) ) ) ) ) Plaintiff, v. CAPTAIN JAY FONDREN, et al., Defendants. 2:12-CV-2455-RBP-JEO MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on September 4, 2013, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b). No objections were filed by either party. Having carefully reviewed and considered de novo 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 is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b). A Final Judgment will be entered. DATED this 15th day of October, 2013. ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE