Goodwin v. Bailey
Goodwin v. Bailey
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION
CHELSON D’ANGELO T. ) GOODWIN, ) ) Plaintiff, ) ) V. ) Case No.: 5:17-cv-1500-LCB-JHE ) BRANDON BAILEY, ) ) Defendant. )
ORDER On May 21, 2020, U.S. Magistrate Judge John H. England, III issued a Report and Recommendation in accordance with
28 U.S.C. § 636(b)(1) recommending that this action be dismissed without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1), for failing to state a claim upon which relief can be granted, and that Plaintiff’s state- law claims for abuse of process and fraud be dismissed without prejudice pursuant to
28 U.S.C. § 1367(c). (Doc. 32). Plaintiff has not objected to the Report and Recommendation. When a party objects to a portion of a Magistrate Judge’s report or proposed findings or recommendations, the District Court must conduct a de novo review of those portions of the report to which the party has specifically objected.
28 U.S.C. § 636(b)(1). The unchallenged portions of the Magistrate Judge’s report are reviewed for clear error. See LoConte v. Dugger,
847 F.2d 745, 750(11th Cir. 1988). Having reviewed the proposed findings and recommendations for clear error, the Court concludes that the Magistrate Judge’s Report and Recommendation (Doc. 32) should be ACCEPTED and hereby ADOPTS it as the findings of the Court. This action is therefore DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close the case. DONE and ORDERED this July 8, 2020.
i SZ Sh LILES C. BURKE UNITED STATES DISTRICT JUDGE
Reference
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