Rowell v. Fisher et al (INMATE 3), No. 2:2023cv00034 - Document 14 (N.D. Ala. 2024)

Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 10/11/2024. (MEB2)

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Rowell v. Fisher et al (INMATE 3) Doc. 14 FILED 2024 Oct-11 AM 11:51 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MATTHEW LEE ROWELL, Plaintiff, v. WINFIELD S. FISHER, Defendant. ) ) ) ) ) ) ) ) ) Case No. 2:23-cv-00034-LSC-HNJ MEMORANDUM OPINION The Magistrate Judge entered a report on September 16, 2024, recommending the dismissal of this action without prejudice for lack of subject matter jurisdiction. In the alternative, the Magistrate Judge recommended dismissal of plaintiff’s federal claims without prejudice under 28 U.S.C. § 1915A(b) for frivolity and failure to state a claim upon which relief can be granted and the dismissal of plaintiff’s state-law claims without prejudice pursuant to 28 U.S.C. § 1367(c). (Doc. 13). Although the Magistrate Judge advised the plaintiff of his right to file written objections within 14 days, the court has not received any objections. After careful consideration of the record in this case and the Magistrate Judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, this action is due to be dismissed without prejudice for lack of subject matter jurisdiction. In the alternative, the plaintiff’s Dockets.Justia.com federal claims are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b) for frivolity and failure to state a claim upon which relief can be granted, and the plaintiff’s state-law claims are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A final judgment will be entered. DONE and ORDERED on October 11, 2024. _____________________________ L. Scott Coogler United States District Judge 160704 2

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