Bennett v. Smith et al, No. 4:2013cv00399 - Document 28 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION. Signed by Judge James H Hancock on 4/24/2014. (JLC)
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FILED 2014 Apr-24 PM 01:11 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION JERRY DALE BENNETT, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. RONALD W. SMITH and JOHN GRAHAM, Defendants. Case No. 4:13-cv-00399-JHH-SGC MEMORANDUM OPINION The magistrate judge filed a report and recommendation on March 28, 2014, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. (Doc. 27.) No objections were filed by plaintiff. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, 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 with prejudice pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered. DONE this 24th day of April, 2014. SENIOR UNITED STATES DISTRICT JUDGE