O'CONNOR v. FDOC

Filing 22

ORDER ADOPTING 19 Report and Recommendation. Plaintiff's third amended complaint, doc. 18 , is hereby DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). The clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by SENIOR JUDGE LACEY A COLLIER on 2/20/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

NYKA O'CONNOR, Plaintiff, vs. F.D.O.C., et al., Defendants. / ORDER T his cause comes on for consideration upon the magistrate judge's report a n d recommendation dated January 13, 2009. Doc. 19. The parties have been furnished a copy of the report and recommendation and afforded an opportunity to f i le objections. No objections have been filed. H a v i n g considered the report and recommendation, I have determined that t h e report and recommendation should be adopted. Case No. 3:08cv357-LAC/WCS

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Acc o rd i n g l y , it is now ORDERED as follows: 1 . The magistrate judge's report and recommendation is adopted and incorp orated by reference in this order. 2. Plaintiff's third amended complaint, doc. 18, is hereby DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). 3. The clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). DONE AND ORDERED this 20th day of February, 2009.

s /L.A. Collier LACEY A. COLLIER Senior United States District Judge

Case No. 3:08cv357-LAC/WCS