MANNING v. JONES

Filing 21

ORDER adopting 20 Report and Recommendation. The plaintiff's federal claim(s) is 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. The plaintiff's state law claim is DISMISSED WITHOUT PREJUDICE to plaintiff filing it in the appropriate state court. The clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on March 31, 2012. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JAMES M. MANNING, JR.,
Plaintiff,
v.

Case No. 3:11cv162/MCR/CJK

RANDY JONES,
Defendant.
________________________________________________________________
ORDER
Upon consideration of the Report and Recommendation of the Magistrate
Judge filed on February 29, 2012, pursuant to 28 U.S.C. § 636(b)(1)(B), and after
giving the parties an opportunity to file objections, 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 claim(s) is 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.

The plaintiff’s state law claim is DISMISSED WITHOUT PREJUDICE

to plaintiff filing it in the appropriate state court.

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4.

The clerk is directed to close the file.

DONE AND ORDERED this 31st day of March, 2012.

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

Case No: 3:11cv162/MCR/CJK