CLARK v. ELLIS

Filing 42

ORDER ON REPORT AND RECOMMENDATION; adopting 40 Report and Recommendation. This cause is DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by SENIOR JUDGE ROGER VINSON on 4/18/2011. (djb)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANTHONY CLARK, Plaintiff, vs. Case No. 3:09cv448/RV/EMT D. ELLIS, et al., Defendants. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated March 16, 2011 (Doc. 40). 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 all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto timely filed, 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. This cause is DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). DONE AND ORDERED this 18th day of April, 2011. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE

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