PAYTON v. KELLY
ORDER ACCEPTING 10 REPORT AND RECOMMENDATION - 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 and because the claims concerning Plaintiff's 20" The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 7/12/2017. (tdl)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
MARSHA L. PAYTON,
Case No. 4:17cv204-MW/CAS
JOHN F. KELLY, Secretary,
Department of Homeland Security,
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 10, and has also reviewed de novo Plaintiff’s objections
to the report and recommendation, ECF No. 11. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections, 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 and because the claims concerning
Plaintiff’s 2004 termination are both time barred and barred by the doctrine of res
judicata.” The Clerk shall close the file.
SO ORDERED on July 12, 2017.
s/Mark E. Walker
United States District Judge
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