HARTMAN v. JONES

Filing 20

ORDER ACCEPTING AND ADOPTING 19 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "Defendant's motion to dismiss, ECF No. 16 , is GRANTED and Plaintiff's complaint, ECF No. 4 , is DISMISSED f or 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 that 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 3/9/2018. (tdl)

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

LANCE HARTMAN,
Plaintiff,
v.

Case No. 4:16cv721-MW/CAS

JULIE L. JONES,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 19. 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. While there may be circumstances under which an Eighth Amendment
claim could be pled, even liberally construed, Plaintiff did not do so. The Clerk
shall enter judgment stating, “Defendant’s motion to dismiss, ECF No. 16, is
GRANTED and Plaintiff’s complaint, ECF No. 4, is DISMISSED for failure to
state a claim upon which relief may be granted pursuant to 28 U.S.C. §
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1915(e)(2). The Clerk is directed to note on the docket that this cause is dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).” The Clerk shall close the file.
SO ORDERED on March 9, 2018.
s/Mark E. Walker
____
United States District Judge

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