Davis v. Batts et al, No. 5:2017cv00062 - Document 11 (N.D. Ala. 2017)

Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/31/2017. (KBB)
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Davis v. Batts et al Doc. 11 FILED 2017 Oct-31 PM 03:53 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION GARY LAVON DAVIS, Plaintiff, v. JERRY L BATTS, ET AL, Defendants. ) ) ) ) ) ) ) ) ) Case No. 5:17-cv-00062-AKK-JHE MEMORANDUM OPINION The magistrate judge filed a report on October 2, 2017, recommending this action be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1) and (2), for failing to state a claim upon which relief can be granted, and for seeking monetary relief against defendants who are immune from such relief. Doc. 9. Although the magistrate judge advised the plaintiff of his right to file specific written objections within fourteen days, no objections have been received by the court.1 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 1 The initial copy of the report and recommendation mailed to the plaintiff was returned by the Postal Service for lack of postage on October 10, 2017. Doc. 10. A copy of the report and recommendation was re-mailed to the plaintiff on that date. Therefore, the plaintiff’s fourteenday deadline to file written objections is determined from October 10, 2017. Dockets.Justia.com accordance with 28 U.S.C. § 1915A(b)(1) and (2), this action is due to be dismissed without prejudice for failing to state a claim upon which relief can be granted, and for seeking monetary relief from defendants who are immune from such relief. A Final Judgment will be entered. DONE the 31st day of October, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE