BROWN v. BARFIELD et al

Filing 15

ORDER OF DISMISSAL - The 13 report and recommendation is accepted and adopted as the court's opinion. The clerk must enter judgment stating, "The complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B)." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 7/11/2017. (vkm)

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

JAI BROWN,
Plaintiff,
v.

CASE NO. 4:17cv118-RH/CAS

WARDEN BARFIELD et al.,
Defendants.
___________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 13, and the objections, ECF No. 14. I have reviewed de
novo the issues raised by the objections.
The report and recommendation correctly concludes that the first amended
complaint fails to state a claim on which relief can be granted. In the objections,
the plaintiff says he should be given leave to file a second amended complaint. But
he has not identified any colorable claim he wishes to assert in a second amended
complaint. He has not suggested how he intends to cure the deficiencies in the first

Case No. 4:17cv118-RH/CAS

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amended complaint. Allowing the plaintiff to assert the same claim again in
different words would serve no purpose.
IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
opinion. The clerk must enter judgment stating, “The complaint is dismissed under
28 U.S.C. § 1915(e)(2)(B).” The clerk must close the file.
SO ORDERED on July 11, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:17cv118-RH/CAS