MOBLEY v. POLK

Filing 11

ORDER ON REPORT AND RECOMMENDATION; adopting 5 Report and Recommendation. Plaintiff's claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. Signed by CHIEF JUDGE M CASEY RODGERS on 7/12/2011. (djb)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
RAY CHRIS MOBLEY,
Plaintiff,
v.

Case No. 3:11cv269/MCR/EMT

UGENE POLK,
Defendant.
______________________/
ORDER

This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated June 17, 2011 (Doc. 5). 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.

Plaintiff’s claims are DISMISSED with prejudice pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
DONE AND ORDERED this 12th day of July, 2011.
s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE