Triplett v. Holifield, No. 7:2013cv01052 - Document 11 (N.D. Ala. 2013)
Court Description: MEMORANDUM OF OPINION-re: R&R 9 . 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. Signed by Judge R David Proctor on 10/18/2013. (AVC)
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FILED 2013 Oct-18 AM 10:10 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION TYRONE TRIPLETT, ) ) Plaintiff, ) ) v. ) ) OFFICER ANTHONY D. HOLIFIELD, ) ) Defendant. ) Case No. 7:13-cv-01052-RDP-HGD MEMORANDUM OF OPINION The Magistrate Judge filed a Report and Recommendation on October 2, 2013, 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. § 1915(e)(2)(B)(ii). (Doc. #9). Plaintiff submitted objections to the Report and Recommendation on October 15, 2013. (Doc. #10). Having carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation and the objections thereto, 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 to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). A Final Judgment will be entered. DONE and ORDERED this 18th day of October, 2013. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE
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