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)

Download PDF
Page 1 of 2 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. Page 2 of 2 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?