Roberts v. Hutton et al, No. 7:2016cv01820 - Document 7 (N.D. Ala. 2017)

Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/6/2017. (TLM, )
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Roberts v. Hutton et al Doc. 7 FILED 2017 Dec-07 PM 01:30 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION BYRON ROBERTS, Plaintiff, v. JOHN HUTTON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 7:16-cv-01820-LSC-SGC MEMORANDUM OPINION The magistrate judge filed a report on October 17, 2017, recommending this action be dismissed without prejudice for failing to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b). (Doc. 6). Although the magistrate judge advised the plaintiff of his right to file specific written objections within fourteen (14) days and further afforded him the opportunity to file an amended complaint within the same time period, the court has received neither objections nor an amended complaint. (Id. at 9-10) Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is ADOPTED and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b), this action is due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. A Final Judgment will be entered separately. Dockets.Justia.com DONE and ORDERED on December 6, 2017. _____________________________ L. Scott Coogler United States District Judge 160704 2