MAXWELL v. HIGGINS

Filing 12

AMENDED ORDER ACCEPTING REPORT AND RECOMMENDATION - The 5 report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "This c ase is DISMISSED pursuant to 28 U.S.C. § 1914(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted and pursuant to Younger v. Harris, 401 U.S. 37 (1971)." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 11/15/2017. (cle) (Main Document 12 replaced on 11/16/2017) (cle).

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DANIEL K. MAXWELL,
Plaintiff,
v.

Case No. 4:17cv353-MW/GRJ

BRIAN A. HIGGINS,
Defendant.
___________________________/
AMENDED
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 5. Upon consideration, no objections having been filed
by the parties,1
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,

“This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to
state a

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Plaintiff previously filed his Notice of Extension of Necessary Time, ECF No. 10, on October 3, 2017. This Court
granted the motion and withdrew its Order Accepting Report and Recommendation, ECF No. 8, allowing Plaintiff
an extension to file objections to November 6, 2017. ECF No. 11. To date, Plaintiff has not filed objections to the
report and recommendation.

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claim upon which relief may be granted and pursuant to Younger v. Harris, 401 U.S.
37 (1971).” The Clerk shall close the file.
SO ORDERED on November 15, 2017.
s/Mark E. Walker
____
United States District Judge

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