WEINBERG v. BENNETT

Filing 51

ORDER ADOPTED 42 REPORT AND RECOMMENDATION; granted 26 Motion for Summary Judgment. The clerk is directed to enter judgment in favor of Dfts & to note that pursuant to 28 U.S.C. §1915(e)(2)(B)(i), this case was found to be frivolous. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 5/3/2011. (sea)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION KENNETH LEE WEINBERG, Plaintiff, vs. CASE NO. 4:09cv256/RS-WCS SERGEANT LEE, et al, Defendants. ___________________________________________/ ORDER Before me is the Magistrate Judge’s Report and Recommendation (Doc. 42). Plaintiff has not filed objections despite the extension of time (Doc. 50) for filing objections to the Magistrate Judge’s Report and Recommendation not later than April 25, 2011. IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is approved and is incorporated in this Order. 2. Defendants’ Motion for Summary Judgment (Doc. 26) is granted. The clerk is directed to enter judgment in favor of Defendants and to note that pursuant to 28 U.S.C. §1915(e)(2)(B)(i), this case was found to be frivolous. 3. The clerk is directed to close the file. ORDERED on May 3, 2011. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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