Files v. Dunn et al, No. 2:2018cv01049 - Document 10 (N.D. Ala. 2019)
Court Description: MEMORANDUM OPINION that the magistrate judge's R&R is adopted and accepted and this action is due to be dismissed without prejudice for plaintiff's failure to state a claim upon which relief can be granted. Signed by Judge C Lynwood Smith, Jr on 11/21/2019. (AHI)
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Files v. Dunn et al Doc. 10 FILED 2019 Nov-21 AM 10:06 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION EARNEST J. FILES, JR., Plaintiff, v. JEFFERSON DUNN, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:18-cv-01049-CLS-HNJ MEMORANDUM OPINION The Magistrate Judge filed a report on October 30, 2019, recommending pursuant to 28 U.S.C. § 1915A(b)(1) that this court dismiss this action without prejudice for the plaintiff’s failure to state a claim upon which relief can be granted. Doc. no. 9. The Magistrate Judge further recommended pursuant to 28 U.S.C. § 1367(c)(3) that this court dismiss the plaintiff’s state law claims without prejudice. Id. Although the Magistrate Judge advised the plaintiff of his right to file specific written objections within fourteen (14) days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the Magistrate Judge’s report, and ACCEPTS his recommendation. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), this action is due to be dismissed without prejudice for the plaintiff’s failure to state a claim upon which relief can be Dockets.Justia.com granted. The plaintiff’s state law claims are due to be dismissed pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment will be entered. DONE and ORDERED this the 21st day of November, 2019. United States District Judge 2
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