SHEPPARD v. JOHNSON

Filing 18

ORDER ADOPTING THE MAGISTRATE JUDGE'S 17 REPORT AND RECOMMENDATION. Granting 13 Motion to Dismiss for Failure to State a Claim. The plaintiff's federal claims are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. The plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE to the plaintiff filing them in the appropriate state court. The clerk shall enter judgment stating: "Plaintiff's federal claims are dismissed with prejudice. Plaintiff's state law claims are dismissed without prejudice." Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/15/11. (pll)

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

TIMOTHY BERNARD SHEPPARD,
Plaintiff,
v.

3:11cv104-WS

MARY M. JOHNSON, THE CLERK
OF COURT, SANTA ROSA COUNTY,
Defendant.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc. 17)
docketed October 14, 2011. The magistrate judge recommends that the defendants'
motion to dismiss be granted. The plaintiff has filed no objections to the report and
recommendation.
Having reviewed the record, the court finds that the magistrate judge's report and
recommendation should be adopted. Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 17) is ADOPTED
and incorporated by reference into this order.
2. The defendants' motion to dismiss (doc. 13) is GRANTED.
3. The plaintiff's federal claims are DISMISSED WITH PREJUDICE for failure to
state a claim upon which relief may be granted.

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4. The plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE to the
plaintiff filing them in the appropriate state court.
5. The clerk shall enter judgment stating: "Plaintiff's federal claims are
dismissed with prejudice. Plaintiff's state law claims are dismissed without prejudice."
DONE AND ORDERED this

15th

day of

November

, 2011.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:11cv104-WS