WHITTINGTON v. NORWOOD

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. The Complaint is DISMISSED as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), because the Court lacks jurisdiction to consider the claim and pursuant to § 1915(e)(2)(B)(ii) 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 4/19/2017. (sdw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JAMES A. WHITTINGTON,
Plaintiff,
vs.

Case No.: 3:17cv129/MCR/EMT

TRACY NORWOOD,
Defendant.
_________________________________/
ORDER
This cause comes before the Court on consideration of the Chief Magistrate
Judge’s Report and Recommendation dated March 20, 2017 (ECF No. 4). 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). The Court has made a de novo determination of any timely filed
objections. Having fully considered the Report and Recommendation, and any
objections thereto timely filed, the Court finds that the Report and Recommendation
should be adopted, as modified by this Order.
The Report and Recommendation dismisses the claim pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The
Court finds that the Complaint should also be dismissed as frivolous, pursuant to
§ 1915(e)(2)(B)(i), because the Complaint is subject to dismissal for lack of subject

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matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). See e.g.,
Linge v. State of Georgia, Inc., 569 Fed. App’x. 895, 896 (11th Cir. 2014).
Accordingly, it is now ORDERED as follows:
1.

The Chief Magistrate Judge’s Report and Recommendation is adopted,

as modified, and incorporated by reference in this Order.
2.

The Complaint is DISMISSED as frivolous, pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(i), because the Court lacks jurisdiction to consider the claim and
pursuant to § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be
granted.
3.

All pending motions are DENIED as moot.

DONE AND ORDERED this 19th day of April 2017.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 3:17cv129/MCR/EMT