KELLY v. GADDY

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATION. Plaintiff's claims are DISMISSED without prejudice pursuant to 28 U.S.C.A. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. All pending motions are denied as moot. Signed by CHIEF JUDGE M CASEY RODGERS on 6/26/2015. (sdw)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LARRY-WAYNE KELLY, Plaintiff, vs. Case No.: 3:15cv58/MCR/EMT JEFF R. GADDY, Defendant. _________________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated May 29, 2015 (doc. 6). 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 chief magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. Plaintiff’s claims are DISMISSED without prejudice pursuant to 28 U.S.C.A. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. 3. All pending motions are denied as moot. DONE AND ORDERED this 26th day of June 2015. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE

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