Holley v. Young et al, No. 7:2013cv02341 - Document 9 (N.D. Ala. 2014)
Court Description: MEMORANDUM OF OPINION. Signed by Judge William M Acker, Jr on 5/20/2014. (AVC)
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FILED 2014 May-20 PM 01:48 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION BRIAN HOLLEY, ) ) ) ) ) ) ) ) ) Plaintiff, v. OFFICER JOLLY YOUNG, JR., et al., Defendants. 7:13-CV-2341-WMA-JEO MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on April 21, 2014, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) because it is frivolous and fails to state a claim upon which relief may be granted. No objections were filed by either party. 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 is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) because it is frivolous and fails to state a claim upon which relief may be granted. A Final Judgment will be entered. DATED this 20th day of May, 2014. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE 1
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