ALLEN v. TUCKER

Filing 32

ORDER ADOPTING 30 REPORT AND RECOMMENDATION. The 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. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 8/13/2013. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
PRESTON SHANE ALLEN,
Petitioner,
v.

CASE NO. 1:13-cv-6-RS-GRJ

KENNETH S. TUCKER,
Defendant.
_________________________________/
ORDER
Before me are the Magistrate Judge’s Report and Recommendation (Doc.
23) and Petitioner’s Objections (Doc. 31). I have reviewed the objections de novo.
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is approved
and incorporated in this Order.
2. The 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.
3. The clerk is directed to close the file.
ORDERED on August 13, 2013.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE