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Stone v. Callahan

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

May 14, 2015

CHARLES LEE STONE, Plaintiff,
v.
REBEKAH A. CALLAHAN, et al Defendants.

MEMORANDUM OF OPINION

SHARON LOVELACE BLACKBURN, District Judge.

The magistrate judge filed a report on March 24, 2015, recommending that the federal claims in this action be dismissed without prejudice for failing to state a claim upon which relief can be granted, and for seeking monetary relief from defendants who are immune from such relief, pursuant to 28 U.S.C. § 1915A(b)(1) and (2). The magistrate judge further recommended that any state law claims asserted in the complaint be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Although the plaintiff was advised of his right to file specific written objections within fourteen days, he has failed to respond to the report and recommendation.

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 that the magistrate judge's report is due to be and is hereby ADOPTED and the recommenda-tion is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1) and (2), the federal claims in this action are due to be dismissed without prejudice for failing to state a claim upon which relief can be granted, and for seeking monetary relief from defendants who are immune from such relief. 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.


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