SPAULDING v. TUCKER, et al

Filing 21

ORDER ADOPTING 18 REPORT AND RECOMMENDATION: 17 Third Amended Complaint filed by JOHN C SPAULDING is DISMISSED for failure to state a claim upon which relief may be granted. Clerk shall note on docket that this case was dismissed pursuant to 28 U.S.C.§1915(e)(2)(B)(ii). Signed by SENIOR JUDGE STEPHAN P MICKLE on 4/4/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOHN C. SPAULDING,
Plaintiff,
v.

CASE NO. 4:11cv605-SPM/WCS

KENNETH TUCKER, et al.,
DefendantS.
________________________/
ORDER
THIS CAUSE comes before the Court for consideration of the magistrate
judge’s report and recommendation (doc. 18) dated March 20, 2012. Plaintiff
has filed objections (doc. 19) pursuant to Title 28, United States Code, Section
636(b)(1). Having considered the report and recommendation and the
objections, I have determined that the report and recommendation should be
adopted. As explained in the report and recommendation, Plaintiff’s allegations
are not sufficient to show that the conditions of his confinement imposed atypical
or significant hardships compared to the ordinary incidents of prison life.
Accordingly, it is hereby ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation (doc. 18) is

ADOPTED and incorporated by reference in this order.

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2.

Plaintiff’s third amended complaint (doc. 17) is dismissed for failure

to state a claim upon which relief may be granted pursuant to 28 U.S.C. §
1915(e)(2).
3.

The clerk shall note on the docket that this case was dismissed

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
DONE AND ORDERED this 4th day of April, 2012.

s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

CASE NO. 4:11cv605-SPM/WCS