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Roberts v. Hughston

United States District Court, N.D. Alabama, Western Division

January 26, 2015

THOMAS JAMES ROBERTS, Plaintiff
v.
JUDGE HAROLD HUGHSTON, JR., et al., Defendants

MEMORANDUM OF OPINION

WILLIAM M. ACKER, Jr.. District Judge.

The magistrate judge filed a report and recommendation on December 23, 2014, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted. (Doc. 22). After filing his twelfth attempt to amend his complaint, [1] which was received by this court on December 29, 2014 (Doc. 23), the plaintiff filed objections to the report and recommendation on January 6, 2015. (Doc. 24).

The plaintiff objects to the failure of the magistrate judge to have considered "the contention raised in the amended complaint." (Doc. 24 at 1). The plaintiff fails, however, to identify what contention in the amended complaint was not addressed in the report and recommendation.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objections thereto, the court is of the opinion that the objections are due to be and are hereby OVERRULED, 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) for failing to state a claim upon which relief may be granted. A Final Judgment will be entered.


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