GATLING v. MCNEIL

Filing 42

ORDER adopting 39 Report and Recommendation. This action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and the clerk is directed to close the file. Signed by District Judge M CASEY RODGERS on June 24, 2011. (kvg)

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

ERNEST LEE GATLING,
Plaintiff,
vs.

Case No. 3:10cv172/MCR/CJK

WALTER A. MCNEIL, Secretary,
Florida Department of Corrections,
Defendant.
/
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge
filed on June 6, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections
to the Recommendation, if any, the Recommendation is adopted as the opinion of the
Court.
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 action is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §

1915(e)(2)(B)(ii) and the clerk is directed to close the file.

DONE AND ORDERED this 24th day of June, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE