FRANKLIN v. INZER et al

Filing 44

ORDER ADOPTING 42 REPORT AND RECOMMENDATION - Plaintiff's motion for leave to file an amended complaint, ECF No. 40 , is DENIED because the proposed fourth amended complaint, ECF No. 40-1, fails to state a claim upon which relief may be granted. This case is REMANDED to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 6/7/2018. (vkm)

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

JOSHUA FRANKLIN,
Plaintiff,
v.

Case No. 4:16cv470-MW/CAS

KIMBERLY PETERSON
and
LEODE DAVIS,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 42. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. Plaintiff’s motion for leave to file an amended complaint, ECF No. 40, is
DENIED because the proposed fourth amended complaint, ECF No. 40-1, fails to

1

state a claim upon which relief may be granted. This case is REMANDED to the
Magistrate Judge for further proceedings.
SO ORDERED on June 7, 2018.

s/ MARK E. WALKER
United States District Judge

2