SMITH v. JONES et al

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATION. This civil rights action is 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. The clerk is directed to enter judgment accordingly and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 1/19/2017. (sdw)

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Pag e 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DWAYNE RICARDO SMITH, Plaintiff, vs. Case No.: 3:16cv509/LAC/EMT JULIE L. JONES, et al., Defendants. ___________________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated December 20, 2016 (ECF No. 8). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, 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. This civil rights action is DISMISSED with prejudice, under 28 U.S.C. Pag e 2 of 2 § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted. 3. The clerk is directed to enter judgment accordingly and close the file. DONE AND ORDERED this 19th day of January, 2017. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE C ase No .: 3 :1 6cv5 09 /L AC/E M T

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