THOMAS v. COLLINS et al

Filing 21

ORDER OF DISMISSAL. The 18 report and recommendation is accepted. The first amended complaint is dismissed for failure to state a federal claim on which relief can be granted. The plaintiff may file a second amended complaint by 12/9/2015. The clerk must send the plaintiff a § 1983 prisoner complaint form. Signed by JUDGE ROBERT L HINKLE on 11/9/2015. (kjw) *Form mailed as directed.

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DEONTAE THOMAS,
Plaintiff,
v.

CASE NO. 4:15cv326-RH/GRJ

R.A. COLLINS et al.,
Defendants.
_____________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 18. No objections have been filed.
The report and recommendation is correct and is adopted as the court’s
opinion. This order gives the plaintiff one more chance to file an amended
complaint that states a claim on which relief can be granted. If the plaintiff does
not do so, his claims will be dismissed with prejudice.
For these reasons,
IT IS ORDERED:
1. The report and recommendation is accepted.

Case No. 4:15cv326-RH/GRJ

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2. The first amended complaint is dismissed for failure to state a federal
claim on which relief can be granted.
3. The plaintiff may file a second amended complaint by December 9, 2015.
4. The clerk must send the plaintiff a § 1983 prisoner complaint form. If
the plaintiff files a second amended complaint, the plaintiff must clearly label it as
the second amended complaint.
SO ORDERED on November 9, 2015.
s/Robert L. Hinkle
United States District Judge

Case No. 4:15cv326-RH/GRJ