Leslie v. McKannan, No. 7:2014cv02454 - Document 10 (N.D. Ala. 2015)

Court Description: MEMORANDUM OPINION. Signed by Magistrate Judge Staci G Cornelius on 6/15/2015. (AVC)
Download PDF
Leslie v. McKannan Doc. 10 FILED 2015 Jun-15 AM 09:44 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION MICHAEL CORNILLIUS LESLIE, Plaintiff, v. RETA McKANNAN, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 7:14-cv-02454-RDP-SGC MEMORANDUM OPINION The Magistrate Judge filed a Report and Recommendation on May 22, 2015 recommending the federal claims in this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failing to state a claim on which relief may be granted. (Doc. 9). The Magistrate Judge further recommended any state law claims asserted in the Complaint be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). (Id.). Plaintiff was advised of his right to file specific written objections to the Report and Recommendation within fourteen days from the date of its entry. (Id.). Plaintiff filed no objections within the time prescribed. 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 hereby is ADOPTED and her recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), the federal claims in this action are due to be dismissed without prejudice for failing to state a claim on which relief may be granted. Additionally, any state law claims asserted in the Complaint are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A final judgment will be entered contemporaneously herewith. Dockets.Justia.com DONE and ORDERED this 15th day of June, 2015. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2