COLEMAN v. MCDONOUGH

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION re 19 Report and Recommendation. The complaint is DISMISSED for failure to state a claim for relief pursuant to 28 U.S.C. § 1915(e)(2). Signed by SENIOR JUDGE LACEY A COLLIER on April 10, 2009. (cc: Coleman) (cbj)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA CITY DIVISION LARRY COLEMAN, Plaintiff, vs. JAMES R. MCDONOUGH, et al, Defendants. _____________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation. The Plaintiff previously has been furnished a copy of the Report and Recommendation and has 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 those portions to which an objection has been made. Having considered the Report and Recommendation and the objections thereto timely filed by the plaintiff, 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 3:08cv205-LAC/AK

incorporated by reference in this order. 3. The complaint (doc. 1) is DISMISSED for failure to state a claim for relief

pursuant to 28 U.S.C. §1915(e)(2). DONE AND ORDERED this 10th day of April, 2009.

s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE