SIMMONS v. TAYLOR

Filing 15

ORDER adopting 11 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 10/4/2012. Plaintiff's amended complaint, Doc. 10 , is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2), and the Clerk of Court is directed to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (kdm)

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

CASE NO. 4:11-cv-00290-MP-CAS

RODNEY KING, WILLIAM T TAYLOR,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 1, 2012. (Doc. 11). The parties have been furnished a copy of the
Report and Recommendation and have been afforded an opportunity to file objections pursuant
to Title 28, United States Code, Section 636(b)(1). The plaintiff filed objections, Doc. 12, and the
Court has made a de novo determination of those portions of the Report and Recommendation to
which objection was made. 28 U.S.C. § 636(b)(1)(C). Having considered the Report and
Recommendation, and any objections thereto timely filed, the Court agrees that the alleged
behavior of the guard while deplorable and unprofessional does not rise to the level of a
constitutional violation under the First, Eighth or Fourteenth Amendments. Accordingly, it is
hereby
ORDERED AND ADJUDGED:
The magistrate judge’s Report and Recommendation is adopted and incorporated by
reference in this order. Plaintiff's amended complaint, Doc. 10, is DISMISSED for failure to
state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2), and the Clerk
of Court is directed to note on the docket that this cause was dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).
DONE AND ORDERED this 4th day of October, 2012

s/Maurice M. Paul

Maurice M. Paul, Senior District Judge