United States District Court, N.D. Alabama, Northwestern Division
MEMORANDUM OF OPINION
VIRGINIA EMERSON HOPKINS, District Judge.
The magistrate judge filed a report and recommendation on February 2, 2015, 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. 38). The plaintiff filed objections to the report and recommendation on February 23, 2015. (Doc. 41).
In his objections, the plaintiff merely restates that his claims against defendants May and Vanderford for allegedly intercepting his outgoing mail and showing the same to others are not barred by the doctrine of res judicata.  (Doc. 41 at 1-2). The plaintiff argues that he did not know the "details" of who was intercepting his outgoing mail until his robbery trial in 2011. (Doc. 41 at 2).
Upon review of the plaintiff's previous state court litigation, it is apparent that the plaintiff was well aware of the conduct about which he complains before his federal robbery trial in 2011. The plaintiff previously filed suit on November 17, 2010, in the Colbert County Circuit Court against the very same defendants - May and Vanderford ____ for allegedly intercepting his outgoing mail and showing the same to others, which are the same operative facts and legal theories asserted in the present case. Additionally, the state court dismissed the plaintiff's lawsuit against defendants May and Vanderford with prejudice. Therefore, res judicata applies and the plaintiff's claims against May and Vanderford are due to be dismissed.
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 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)(1) ...