Fuller v. Fife et al, No. 4:2015cv02302 - Document 11 (N.D. Ala. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 6/3/2016. (PSM)
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Fuller v. Fife et al Doc. 11 FILED 2016 Jun-03 AM 10:00 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION DAVID BOY FULLER, ) ) Plaintiff, ) ) v. ) ) CORRECTIONAL OFFICER FIFE, et ) al., ) ) Defendants. ) Case No. 4:15-cv-02302-LSC-TMP MEMORANDUM OPINION The magistrate judge filed a report on March 11, 2016, recommending that 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), and further recommending that, to the extent the plaintiff attempts to bring claims under state law, such claims be dismissed pursuant to 28 U.S.C. § 1367(c)(3). (Doc. 10). 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 magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b), this action is due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. Dockets.Justia.com Additionally, to the extend the plaintiff attempts to bring state law claims, the same 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 June 3, 2016. _____________________________ L. Scott Coogler United States District Judge 182184 2
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