EDWARDS v. MANNING

Filing 20

ORDER ADOPTING 18 REPORT AND RECOMMENDATION - 1) Pla's claim against Carolyn Sue Manning is dismissed with prejudice for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and Carolyn Sue Manning is dismissed from this action. 2) This case is remanded to the assigned Magistrate Judge for further proceedings on Pla's claim against Dr. Yu. Signed by SENIOR JUDGE LACEY A COLLIER on 9/1/2009. (laj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION WARREN LEE EDWARDS, Plaintiff, vs. CAROLYN SUE MANNING, et al., Defendants. ___________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 18, 2009 (Doc. 18). Plaintiff 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 the objections filed. Having considered the Report and Recommendation, and the timely filed objections thereto, 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 incorporated by reference in this order. 2. Plaintiff's claim against Carolyn Sue Manning is DISMISSED with prejudice for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and Carolyn Sue Manning is DISMISSED from this action. 3. This case is remanded to the assigned Magistrate Judge for further proceedings on Plaintiff's claim against Dr. Yu. DONE AND ORDERED this 1st day of September, 2009. Case No. 3:08cv561/LAC/EMT

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