Mitchell v. Ensor et al, No. 7:2013cv01314 - Document 12 (N.D. Ala. 2014)
Court Description: MEMORANDUM OF OPINION. Signed by Judge Virginia Emerson Hopkins on 8/29/2014. (AVC)
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FILED 2014 Aug-29 PM 01:45 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION JERMAINE MITCHELL, Plaintiff, v. TIMOTHY ENSOR, et. al., Defendants. ) ) ) ) ) Case No.: 7:13-cv-1314-VEH-SGC ) ) ) ) MEMORANDUM OF OPINION On August 6, 2014, the magistrate judge entered a report and recommendation recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted. (Doc. 11). The parties were allowed fourteen days to file objections to the report and recommendation. (Id.). 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 the magistrate judge s report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim upon which relief may be granted. A final judgment will be entered separately. DONE this 29th day of August, 2014. VIRGINIA EMERSON HOPKINS United States District Judge
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