GIBSON v. DOE

Filing 33

ORDER ACCEPTING AND ADOPTING 30 REPORT AND RECOMMENDATION - The Defendant's motion to dismiss, ECF No. 19 , is GRANTED. Plaintiff's motion for leave to file a second amended complaint, ECF No. 26 , is DENIED. The Clerk shall enter judgment stating, "Plaintiff's federal claims are dismissed with prejudice. Plaintiff's state law claim is dismissed without prejudice." Signed by JUDGE MARK E WALKER on 4/22/2014. (dlt)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DERRICK L. GIBSON, SR.,
Plaintiff,
v.

CASE NO. 4:13-cv-117-MW/GRJ

JOHN DOE and MICHAEL D.
CREWS, Secretary,
DEPARTMENT OF CORRECTIONS,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered the Magistrate’s Report and Recommendation,
ECF No.30, filed April 1, 2014. Upon consideration, no objections having been
filed by Plaintiff,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion.
The Defendant's motion to dismiss, ECF No. 19, is GRANTED. Plaintiff's
motion for leave to file a second amended complaint, ECF No. 26, is DENIED.
The Clerk shall enter judgment stating, “Plaintiff’s federal claims are dismissed

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with prejudice. Plaintiff’s state law claim is dismissed without prejudice." The
Clerk shall close the file.
SO ORDERED on April 22, 2014.
s/Mark E. Walker
United States District Judge

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