Traylor v. Huntsville, AL, City of et al, No. 5:2014cv01565 - Document 14 (N.D. Ala. 2015)

Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 7/27/2015. (AVC)

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Traylor v. Huntsville, AL, City of et al Doc. 14 FILED 2015 Jul-27 PM 01:12 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ROBERT GLENN TRAYLOR, Plaintiff, v. CITY OF HUNTSVILLE, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:14-cv-01565-RDP-SGC MEMORANDUM OPINION The Magistrate Judge filed a Report on June 25, 2015, 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). (Doc. 13). The Magistrate Judge further recommended that any state law claims asserted in the complaint be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Although Plaintiff was advised of his right to file specific written objections within fourteen days, he has failed to respond to the Report and Recommendation. 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. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), the federal claims in this action are due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. Additionally, any 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. Dockets.Justia.com DONE and ORDERED this 27th day of July, 2015. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2

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