SCHMOLDT v. ATKINSON
Filing
27
ORDER adopting the magistrate judge's 15 Report and Recommendation. This case is 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. Plaintiff's 25 Motion Requesting Leave to Amend Complaint is denied (see footnote). The clerk is directed to enter judgment accordingly and close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 3/25/2013. (djb)
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MARTIN BURTON SCHMOLDT, III,
Plaintiff,
v.
Case No.: 3:12cv543/MCR/EMT
TRAVIS ATKINSON,
Defendant.
______________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated January 4, 2013 (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 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.1
1
Plaintiff’s Motion Requesting Leave to Am end Com plaint (doc. 25) is denied as futile for the reasons
set forth in the Report and Recom m endation.
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3.
The clerk is directed to enter judgment accordingly and close the file.
DONE AND ORDERED this 24th day of March, 2013.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No: 3:12cv543/MCR/EMT
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