ARSENEAU v. SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS et al
Filing
13
ORDER ADOPTING 10 REPORT AND RECOMMENDATION - The plaintiff's complaint and this action are DISMISSED for failure to state a claim. The plaintiff's motion for leave to proceed in forma pauperis is DENIED. The clerk shall enter judgment stating: "All claims are DISMISSED for failure to state a claim." Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/15/2013. (dlt)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ROBERT PHILIP ARSENEAU,
Plaintiff,
v.
4:13cv251-WS
SECRETARY, FLORIDA
DEP'T OF CORRECTIONS, et al.,
Defendants.
ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
November 7, 2013. See Doc. 10. Among other things, the magistrate judge
recommends that this case be dismissed for failure to state a claim. The plaintiff has
filed objections (docs. 12) to the report and recommendation.
Having considered the record, the court finds that the magistrate judge's report
and recommendation should be adopted. This court agrees that the plaintiff has not
stated a cognizable claim for relief and that amendment of the complaint would be
futile.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 10) is hereby
ADOPTED and incorporated by reference into this order.
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2. The plaintiff's complaint and this action are DISMISSED for failure to state a
claim.
3. The plaintiff's motion for leave to proceed in forma pauperis is DENIED.
4. The clerk shall enter judgment stating: "All claims are DISMISSED for failure
to state a claim."
DONE AND ORDERED this
15th
day of
November
, 2013.
s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE
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