Gaiter v. Williford et al, No. 6:2014cv00838 - Document 16 (N.D. Ala. 2014)
Court Description: MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 12/15/2014. (KEK)
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Gaiter v. Williford et al Doc. 16 FILED 2014 Dec-15 AM 09:20 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION GREGORY L. GAITER, Plaintiff, v. SGT. LILLY WILLIFORD, and WARDEN FREDDIE BUTLER, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 6:14-cv-00838-MHH-TMP MEMORANDUM OF OPINION The magistrate judge filed a report on November 24, 2014, 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)(1). Although the plaintiff was advised of his right to file specific written objections within fourteen days, he has failed to object or otherwise 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 hereby is ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), this action is due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. A Final Judgment will be entered contemporaneously herewith. Dockets.Justia.com The plaintiff’s motion for appointment of counsel (doc. 5) is DENIED as moot. DATED this 15th day of December, 2014. MADELINE HUGHES HAIKALA U.S. DISTRICT JUDGE 2
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