UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

CHARLES EUGENE MOORE, ) ) Plaintiff, ) ) v. ) Case No. 5:19-cv-1455-CLM-GMB ) D. ROBINSON, et al., ) ) Defendants. )

MEMORANDUM OPINION The Magistrate Judge entered a report on May 26, 2021 recommending that all federal claims in 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. Doc. 13 at 9. The Magistrate Judge further recommended that the state-law negligence and intentional infliction of emotional distress claims be dismissed without prejudice pursuant to

(c). Doc. 13 at 9. Plaintiff Charles Eugene Moore has filed objections to the report and recommendation. Doc. 14. Moore’s objections are nothing more than a rehashing of the allegations in his complaint: that defendants Robinson and Norris refused to give him his breakfast tray even though all other inmates in his segregation unit were provided a breakfast tray. Doc. 14 at 1–2. As explained in the report and recommendation, these allegations do not state an actionable constitutional claim against Robinson and Moore.! Doc. 13 at 5-8. And, with no viable federal claim, this court declines to exercise supplemental jurisdiction over Moore’s state-law tort claims of negligence and intentional infliction of emotional distress. Having carefully reviewed and considered de novo all the materials in the

court file, including the report and recommendation, the court ADOPTS the Magistrate Judge’s report and ACCEPTS his recommendation. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1), Moore’s federal claims are due to be dismissed without prejudice for failing to state a claim upon which relief can be granted. Additionally, Moore’s state-law claims are due to be dismissed without prejudice pursuant to

(c). A Final Judgment will be entered. DONE on September 3, 2021.

7 “Ln COREY L/MAZE a UNITED STATES DISTRICT JUDGE

' The court notes that though the report and recommendation states that Moore seeks only monetary relief and expungement of criminal records, Moore’s complaint also asks the court to enter a preliminary injunction. See Doc. 1 at 4. As detailed in the report and recommendation, Moore’s complaint alleges only one isolated incident of prison officials refusing to provide him a breakfast tray. And Moore has not plausibly alleged that officials will likely deny him a breakfast tray in the future. So Moore lacks standing to bring claims for injunctive relief. See 37 Foster Children vy. Bush,

(11th Cir. 2003).