KUZMINSKI v. HICKS

Filing 27

ORDER adopting the magistrate judge's 22 Report and Recommendation. This case is DISMISSED with prejudice, pursuant to 28 U.S.C.§ 1915(e)(2)(B) (ii), for Plaintiff's failure to state a claim upon which relief may be granted. The motion to amend the complaint (doc. 24 ) is DENIED as moot. The clerk is directed to enter judgment accordingly and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 1/8/2013. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MICHAEL ROBERT KUZMINSKI,
Plaintiff,
vs.

Case No. 3:12cv273/LAC/EMT

MR. HICKS,
Defendant.
___________________________________/

ORDER

This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated December 13, 2012 (doc. 22). 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 the objections filed, as well as the motion to amend the complaint (doc. 24)
and the Third Amended Complaint (doc. 25), which I have considered within the context of
my review of the Report and Recommendation.
Having considered the Report and Recommendation, the timely filed objections
thereto, and the proposed amended complaint, I have determined that the Report and
Recommendation should be adopted.

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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 case is DISMISSED with prejudice, pursuant to 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 motion to amend the complaint (doc. 24) is DENIED as moot.

4.

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

DONE AND ORDERED this 8th day of January, 2013.

s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:06cv2/LAC/EMT