MCDANIEL v. FLORIDA PAROLE COMMISSION et al

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATION: DENYING 2 Motion for Leave to Proceed in forma pauperis filed by DAVID JONES MCDANIEL, I. 1 Complaint is DISMISSED for failure to state a claim upon which relief may be granted. Signed by CHIEF JUDGE STEPHAN P MICKLE on 12/22/2009. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DAVID JONES MCDANIEL, I, Plaintiff, vs. FLORIDA PAROLE COMMISSION, et al., Defendant. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the Court for consideration of the Magistrate Judge's Report and Recommendation (doc. 4). Plaintiff has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff filed an objection (doc. 5). Pursuant to Title 28, United States Code, Section 636(b)(1), I have conducted a de novo review of the sections of the report to which objections have been made. I find that the Report and Recommendation is correct and should be adopted. Plaintiff has been released from custody, and is therefore not entitled to the injunctive and other relief he seeks. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report and Recommendation (doc. 4) is CASE NO. 1:09-cv-220-SPM/AK

adopted and incorporated by reference into this order. 2. The complaint (doc. 1) is dismissed for failure to state a claim upon which relief may be granted. 3. The motion for leave to proceed in forma pauperis (doc. 2) is denied. DONE AND ORDERED this twenty-second day of December, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

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