SCHMOLDT v. JEFFERIS et al

Filing 34

ORDER adopting the magistrate judge's 32 Report and Recommendation. Plaintiff's claims are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(c)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 06/04/2014. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MARTIN BURTON SCHMOLDT, III
Plaintiff,
v.

Case No. 3:12cv544/LC/CJK

WALTER JEFFERIS, et al.,
Defendants.
_________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated May 19, 2014 (doc. 32). 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 timely filed
objections.
Having considered the Report and Recommendation and the 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 under 28 U.S.C. §

1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
3.

The clerk is directed to close the file.

DONE and ORDERED on this 4th day of June, 2014.

s/L.A. Collier
Lacey A. Collier
Senior United States District Judge