Hines v. Bailey et al, No. 7:2016cv01018 - Document 12 (N.D. Ala. 2017)
Court Description: MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 5/31/17. (SAC )
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Hines v. Bailey et al Doc. 12 FILED 2017 May-31 PM 02:58 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION LEROY DEVON HINES, Plaintiff, v. CHIEF ADMINISTRATOR ERIC BAILEY, et al., Defendants. ) ) ) ) ) Case No. 7:16-cv-01018-KOB-TMP ) ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report on April 19, 2017, recommending the plaintiff’s federal claims be dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1). (Doc. 11). The magistrate judge further recommended that the plaintiff’s state law claims for negligence be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). No party filed any objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), the court finds that the plaintiff’s federal claims are due to be dismissed without prejudice for failing to state a claim upon which relief can be Dockets.Justia.com granted and that the state law claims asserted in the complaint are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). The court will enter a separate Final Order. DONE and ORDERED this 31st day of May, 2017. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2
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