GARCIA v. FLORIDA DEPARTMENT OF CORRECTIONS et al

Filing 10

ORDER ADOPTING THE MAGISTRATE JUDGE'S 8 REPORT AND RECOMMENDATION - The plaintiff's complaint and this action are DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1 915(e)(2)(B)(ii). The clerk shall enter judgment stating: "All claims are dismissed." The clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/10/2017. (tdl)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ANTHONY A. GARCIA, Plaintiff, v. 4:17cv207–WS/CAS FLORIDA DEPARTMENT OF CORRECTIONS, et al., Defendants. ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation (doc. 8) docketed September 8, 2017. The magistrate judge recommends that the plaintiff's case be dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). The plaintiff has filed no objections to the report and recommendation. Having reviewed the record, the court finds that the magistrate judge’s report and recommendation is due to be adopted. Accordingly, it is ORDERED: 1. The magistrate judge’s report and recommendation (doc. 8) is hereby Page 2 of 2 ADOPTED and incorporated by reference in this order. 2. The plaintiff's complaint and this action are DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 3. The clerk shall enter judgment stating: "All claims are dismissed." 4. The clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). DONE AND ORDERED this 10th day of October , 2017. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

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