POLONCZYK v. TOYOTA MOTOR CORPORATION

Filing 31

ORDER adopting the Chief Magistrate Judge's 28 REPORT AND RECOMMENDATION. Plaintiff's 14 second amended complaint is DISMISSED for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e) (2)(B)(ii). All pending motions are DENIED as moot. The clerk is directed to enter judgment accordingly and close the file. Signed by SENIOR JUDGE ROGER VINSON on 05/05/20/15. (MB)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION KIM ANTHONY POLONCZYK, Plaintiff, vs. Case No.: 3:15cv15/RV/EMT TOYOTA MOTOR CORPORATION, et al., Defendants. ____________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated April 27, 2015 (doc. 28). 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 all timely filed objections. Having considered the Report and Recommendation, and the timely filed objections thereto (doc. 30), I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The chief magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. Plaintiff’s second amended complaint (doc. 14) is DISMISSED for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 3. All pending motions are DENIED as moot. 4. The clerk is directed to enter judgment accordingly and close the file. DONE AND ORDERED this 5th day of May, 2015. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE

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