BABB v. SCOTT

Filing 7

ORDER ADOPTING THE MAGISTRATE JUDGE'S 5 REPORT AND RECOMMENDATION. The plaintiff's complaint (doc. 1 ) and this action are DISMISSED for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and the docket shall so reflect. The clerk shall enter judgment stating: "All claims are DISMISSED with prejudice." Signed by SENIOR JUDGE WILLIAM STAFFORD on 9/28/11. (pll) Modified on 9/29/2011 (pll).

Page 1 of 2

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

HUBERT BABB,
Plaintiff,
v.

4:11cv418-WS

RICK SCOTT, FLORIDA
GOVERNOR,
Defendant.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
September 9, 2011. See Doc. 5. The magistrate judge recommends that this case be
dismissed for failure to state a claim. The plaintiff has filed objections (doc. 6) to the
report and recommendation.
Having considered the record in light of the plaintiff's objections, the court finds
that the magistrate judge's report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 5) is hereby
ADOPTED and incorporated by reference into this order.
2. The plaintiff's complaint (doc. 1) and this action are DISMISSED for failure to
state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and the docket shall so reflect.

Page 2 of 2

3. The clerk shall enter judgment stating: "All claims are DISMISSED with
prejudice."
DONE AND ORDERED this

28th

day of

September

, 2011.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE