MOORER v. VIVIANO

Filing 23

ORDER adopting 15 Report and Recommendation. This action is DISMISSED for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The clerk is directed to enter judgment accordingly and close the file. Signed by CHIEF JUDGE M CASEY RODGERS on August 1, 2011. (kvg)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CLEVEN MOORER,
Plaintiff,
v.

Case No. 3:11cv167/MCR/EMT

RICHARD VIVIANO,
Defendant.
_______________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated June 28, 2011 (doc. 15). 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 any timely filed objections.
Having considered the Report and Recommendation, and any 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 action is DISMISSED for failure to state a claim on which relief may be

granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3.

The clerk is directed to enter judgment accordingly and close the file.

DONE AND ORDERED this 1st day of August, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE