MALLERY v. MCLEOD

Filing 7

ORDER adopting the magistrate judge's 5 Report and Recommendation. This cause is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii), for plaintiffs failure to state a claim upon which relief may be granted. Signed by CHIEF JUDGE M CASEY RODGERS on 6/23/2012. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JASON G. MALLERY,
Plaintiff,
vs.

Case No. 3:12cv126/MCR/CJK

BRYAN D. MCLEOD, et al.,
Defendants.
________________________________________________________________
ORDER
Upon consideration of the Report and Recommendation of the Magistrate
Judge filed on May 31, 2012, 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 cause is DISMISSED WITHOUT 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 clerk is directed to close the file.

DONE AND ORDERED this 23rd day of June, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE