WALKER v. CHESTNUT et al

Filing 9

ORDER ON REPORT AND RECOMMENDATION: Adopting 8 Report and Recommendation. 6 Motion to Dismiss is GRANTED. Case 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 STEPHAN P MICKLE on 6/3/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION GREGORY LAMAR WALKER, Plaintiff, vs. CASE NO.: 1:10-cv-245-SPM-GRJ CHRISTOPHER M. CHESTNUT, et al., Defendant. ______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court upon the Magistrate Judge’s Report and Recommendation (doc. 8). Plaintiff has been mailed a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, it is hereby ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge’s Report and Recommendation (doc. 8) is adopted and incorporated by reference in this order. 2. The Motion to Dismiss (doc. 6) is granted. 3. This case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. DONE AND ORDERED this second day of June, 2011. s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge

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