Edwards v. Tuscaloosa Police Department, No. 7:2012cv01091 - Document 18 (N.D. Ala. 2012)

Court Description: MEMORANDUM OF OPINION-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. The Pltf filed a motion for discovery 17 . The motion is hereby DENIED as moot. Signed by Judge R David Proctor on 8/21/2012. (AVC)
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FILED 2012 Aug-21 PM 03:59 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION CARLTON R. EDWARDS, Plaintiff, v. DARREN H. BEAMS and SCOTT HOLMES, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 7:12-cv-01091-RDP-RRA MEMORANDUM OF OPINION The Magistrate Judge filed a Report and Recommendation on July 25, 2012, 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 Plaintiff was advised of his right to file specific written objections within fifteen days, he has not responded to the Report and Recommendation.1 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. Accordingly, this action is due to be dismissed without prejudice for failing 1 Plaintiff did file a motion for discovery on July 27, 2012. (Doc. #17). However, the certificate of service on that document shows that it was mailed prior to the July 25, 2012, Report and Recommendation and therefore cannot be construed as a response thereto. The motion is hereby DENIED as moot. to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). A Final Judgment will be entered. DONE and ORDERED this 21st day of August, 2012. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2