DAVIS v. FLORIDA DEPARTMENT OF CORRECTIONS et al

Filing 42

ORDER ON 40 REPORT AND RECOMMENDATION: Adopting R&R - Plaintiffs 36 Third Amended Complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. Signed by CHIEF JUDGE M CASEY RODGERS on 12/12/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JIMMY EARL DAVIS,
Plaintiff,
v.

CASE NO. 1:10cv29-MP-GRJ

FLORIDA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated September 30, 2011. (Doc. 40). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Plaintiff’s Third Amended Complaint (doc. 36) is DISMISSED pursuant to 28

U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
DONE and ORDERED this 12th day of December, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE