HOEVER v. CAPERS et al

Filing 15

ORDER ADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (doc. 13 )is hereby ADOPTED and incorporated by reference into this order. The plaintiff's second amende d complaint (doc. 12 )is is DISMISSED as to Defendants Capers, Chisholm, Gordon, and Mathes for failure to state a claimupon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). ( Third amended complaint due by 12/16/2014.) Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/25/2014.(**Amended forms sent. ) (sac)

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

CONRAAD L. HOEVER,
Plaintiff,
v.

4:14cv273-WS

P. CAPER, J. CHISHOLM,
M. GORDON, K. HAMPTON,
and J. MATHES,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation
docketed October 29, 2014. See Doc. 13. The magistrate judge recommends that
Plaintiff's second amended complaint be dismissed. Plaintiff has filed objections
(doc. 14) to the report and recommendation.
Having considered the record in light of Plaintiff's objections, the court finds
that the magistrate judge's report and recommendation should be adopted.
Accordingly, it is ORDERED:

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1. The magistrate judge's report and recommendation (doc. 13) is hereby
ADOPTED and incorporated by reference into this order.
2. The plaintiff's second amended complaint is DISMISSED as to
Defendants Capers, Chisholm, Gordon, and Mathes for failure to state a claim
upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2).
3. Plaintiff shall have until December 16, 2014, to file a third amended
complaint, limited solely to a First Amendment retaliation claim against Defendant
Hampton.
4. If Plaintiff fails to file a third amended complaint on or before December
16, 2014, as directed, the clerk shall enter judgment of dismissal as to all
defendants and all claims without further order of the court.
DONE AND ORDERED this

25th

day of

November

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE