SCHOBERT v. JONES

Filing 9

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The 8 report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's amended complaint, ECF No. 7 , is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)." The Clerk is directed to note on the docket this cause is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 2/24/2017. (cle)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JIMMY BRIAN SCHOBERT, Plaintiff, v. Case No. 4:16cv623-MW/CAS OFFICER S. JONES and SERGEANT ATKINS, Defendants. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 8. 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. The Clerk shall enter judgment stating, “Plaintiff’s amended complaint, ECF No. 7, is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2).” The Clerk is directed to note on the 1 docket this cause is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk shall close the file. SO ORDERED on February 24, 2017. s/Mark E. Walker ____ United States District Judge 2

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