KING v. DEPARTMENT OF CORRECTIONS, et al

Filing 20

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 15 Report and Recommendations ; DISMISSING 4 FIRST AMENDED COMPLAINT. Signed by SENIOR JUDGE MAURICE M PAUL on 5/17/2011. (kdm)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DAVID L KING,
Plaintiff,
v.

CASE NO. 4:11-cv-00011-MP -GRJ

DEPARTMENT OF CORRECTIONS, GILO, E HAND,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 15, Report and Recommendation of the
Magistrate Judge, which recommends that this case be dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. Plaintiff has not
objected to the recommendation, and the time for doing so has passed. Plaintiff does have a
pending motion for extension of time to amend the complaint to add the first names of the
Defendants. However, the proposed amendment would not alter the disposition of this case.
Finding no plain error, it is accordingly
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge, Doc. 15, is ADOPTED
and incorporated herein.

2.

Plaintiff’s amended complaint, Doc. 4, is DISMISSED.

DONE AND ORDERED this

17th day of May, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge