Bennefield v. Jinkins, No. 7:2012cv02604 - Document 12 (N.D. Ala. 2013)

Court Description: MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 5/31/2013. (AHI )

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FILED 2013 May-31 AM 08:19 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION JOSEPH BENNEFIELD, ) ) ) ) ) ) ) ) ) Plaintiff, vs. SGT. JINKINS, Defendant. Case No. 7:12-cv-02604-CLS-HGD MEMORANDUM OPINION The magistrate judge filed a report and recommendation on April 19, 2013, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. (Doc. 11). No objections were filed. 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 it hereby is, ADOPTED, and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered. Page 1 of 2 DONE this 31st day of May, 2013. ______________________________ United States District Judge Page 2 of 2
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