EVERIDGE v. CANNON

Filing 20

ORDER adopting the magistrate judge's 17 Report and Recommendation. The plaintiff's federal claims are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiffs failure to state a claim upon which relief may be granted. To the extent the complaint raises state law claims, such claims are DISMISSED WITHOUT PREJUDICE to plaintiffs re-filing them in the appropriate state court. Signed by CHIEF JUDGE M CASEY RODGERS on 11/18/2011. (djb)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BYRON J. EVERIDGE,
Plaintiff,
v.

Case No. 3:10cv466/MCR/CJK

SERGEANT CANNON, et al.,
Defendants.
_______________________/
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge
filed on November 1, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing
objections to the Recommendation (doc. 19), 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.

The plaintiff’s federal claims are DISMISSED WITH PREJUDICE under 28

U.S.C. § 1915(e)(2)(B)(ii) for plaintiff’s failure to state a claim upon which relief may be
granted.
3.

To the extent the complaint raises state law claims, such claims are

DISMISSED WITHOUT PREJUDICE to plaintiff’s re-filing them in the appropriate state
court.
4.

The clerk is directed to close the file.

DONE AND ORDERED this 18th day of November, 2011.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE