SMITH v. JEREMIAH KELLY
ORDER ACCEPTING AND ADOPTING 7 REPORT AND RECOMMENDATION and directing the Clerk to enter Judgment signed by JUDGE MARK E WALKER on 1/3/14. (tss)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
BRANDON RICARDO SMITH,
CASE NO. 1:13-cv-166-MW/GRJ
CITY OF GAINESVILLE.
ORDER ACCEPTING AND ADOPTING REPORT AND
This Court has considered the Magistrate’s Report and Recommendation,
ECF No.7, filed November 25, 2013. Upon consideration, no objections having
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The Clerk shall enter judgment stating, “The claims against the city of
Gainesville Police Department are DISMISSED for failure to state a claim.
Service will be directed on the remaining Defendant, Officer Kelly, by separate
SO ORDERED on January 3, 2014.
s/Mark E. Walker
United States District Judge
In so ruling, this Court recognizes that Plaintiff has filed a Second Amended
Complaint. ECF NO. 10. This order does not address the Second Amended
Complaint which requires action by the Magistrate Judge.
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