CURTIS v. UNITED STATES

Filing 101

ORDER ON REPORT AND RECOMMENDATION: Adopting 93 Report and Recommendation - Complaint is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C.§1915(e)(2)(B)(ii). All pending motions are denied as moot. Signed by SENIOR JUDGE STEPHAN P MICKLE on 7/29/2011. (jws)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ALAN BOYD CURTIS,
Plaintiff,
v.

CASE NO.: 4:09-cv-76-SPM-WCS

UNITED STATES, et al.,
Defendants.
_________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Report and Recommendation (doc. 97). The Parties have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). Plaintiff filed an objection (doc. 97). As his supplemental objections (doc. 98)
were not timely filed, they will not be considered by the Court. I have conducted a de
novo review of the sections of the report to which timely objections (doc. 97) have been
made. Upon consideration, I fined that the Plaintiff’s objection is without merit. Even if
Plaintiff’s claims are not Heck-barred, his resentencing has mooted his claims regarding
the extradition treaty, and his claims are otherwise subject to dismissal. Therefore, the
Report and Recommendation should be adopted.
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 93) is
adopted and incorporated by reference into this order.

2.

The complaint is dismissed for failure to state a claim upon which relief
may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

3.

All pending motions are denied as moot.

DONE AND ORDERED this twenty-ninth day of July, 2011.

s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge