Asturias v. Smith et al, No. 4:2015cv00176 - Document 18 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 8/17/2016. (AHI)

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Asturias v. Smith et al Doc. 18 FILED 2016 Aug-17 AM 11:32 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION EDUARDO ASTURIAS, Plaintiff, vs. GERALD SMITH, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 4:15-cv-00176-CLS-SGC MEMORANDUM OPINION AND ORDER The magistrate judge entered a report on June 22, 2016, recommending that the federal claims in this action be dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1), and that any state law claims asserted in the complaint be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). (Doc. 17). Although the magistrate judge advised 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 magistrate judge’s report is hereby ADOPTED, and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), plaintiff’s federal claims are due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. Dockets.Justia.com Additionally, plaintiff’s state law claims asserted in the complaint are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment will be entered. DONE this 17th day of August, 2016. _________________________ United States District Judge

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