DAILEY v. ALACHUA COUNTY SHERIFF'S OFFICE

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATION: Case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C.§1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. Clerk directed to close this case. Signed by SENIOR JUDGE STEPHAN P MICKLE on 6/26/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DEWITT L. DAILEY, JR., Plaintiff, vs. CASE NO.: 1:12-cv-35-SPM/GRJ ARAMARK FOOD ENTERPRISES, Defendant. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION This cause comes before the Court for consideration of the Magistrate Judge’s Report and Recommendation (doc. 11) which recommends that this case be dismissed for failure to state a claim. Plaintiff has been afforded an opportunity to file objections, but no objections have been filed. Upon consideration, I have determined that the Report and Recommendation is accurate and should be adopted. Accordingly, it is ORDERED and ADJUDGED: 1. The Magistrate Judge’s Report and Recommendation (doc. 11) is adopted and incorporated by reference into this order. 2. This case is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. 3. The Clerk is directed to close this case. DONE AND ORDERED this 26th day of June, 2012. S/ Stephan P. Mickle Stephan P. Mickle Senior United States District Judge 2

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