STALLWORTH v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS

Filing 6

ORDER ON REPORT AND RECOMMENDATION; adopting the magistrate judge's 5 Amended Report and Recommendation. This action is DISMISSED as follows: a. Plaintiff's federal claims are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii). b. Plaintiff state law claims are DISMISSED WITHOUT PREJUDICE to plaintiff filing them in the appropriate state court. Signed by District Judge M CASEY RODGERS on 6/6/2011. (djb) Modified on 6/6/2011 (djb).

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
LARRY EARL STALLWORTH,
Plaintiff,
v.

Case No. 3:11cv178/MCR/CJK

AMERICAN FAMILY LIFE ASSURANCE
COMPANY OF COLUMBUS, et al.,
Defendants.
________________________________________________________________
ORDER
Upon consideration of the Amended Report and Recommendation of the
Magistrate Judge filed on May 3, 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 as follows:
a.

Plaintiff’s federal claims are DISMISSED WITH PREJUDICE
under 28 U.S.C. § 1915(e)(2)(B)(ii).

b.

Plaintiff state law claims are DISMISSED WITHOUT
PREJUDICE to plaintiff filing them in the appropriate state court.

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3. The clerk is directed to close the file.
DONE AND ORDERED this 6th day of June, 2011.

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

Case No: 3:11cv178/MCR/CJK