ENGELHORN v. MCNEIL

Filing 34

ORDER ADOPTING THE MAGISTRATE JUDGE'S 32 REPORT AND RECOMMENDATION. The plaintiff's complaint and this action are DISMISSED for failure to state a claim and for failure to exhaust pursuant to 28 U.S.C. § 1915(e)(2) (B) (ii). The clerk shall note on the docket sheet that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The clerk shall enter judgment, stating: "The complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B)." Signed by SENIOR JUDGE WILLIAM STAFFORD on 6/24/11. (pll)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

JOHN F. ENGELHORN,
Plaintiff,
v.

4:10cv534-WS

WALTER A. McNEIL, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
June 6, 2011. See Doc. 32. The magistrate judge recommends that the plaintiff's fifth
amended complaint and this case be dismissed for failure to state a claim and for failure
to exhaust. The plaintiff has filed objections (doc. 33) to the report and
recommendation.
Having considered the record in light of the plaintiff's objections, the court finds
that the case must be dismissed as recommended by the magistrate judge.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 32) is hereby
ADOPTED and incorporated by reference into this order.
2. The plaintiff's complaint and this action are DISMISSED for failure to state a
claim and for failure to exhaust pursuant to 28 U.S.C. § 1915(e)(2)(B) (ii). The clerk

Page 2 of 2

shall note on the docket sheet that this cause was dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).
3. The clerk shall enter judgment, stating: "The complaint is dismissed under 28
U.S.C. § 1915(e)(2)(B)."
DONE AND ORDERED this

24th

day of

June

, 2011.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE