LING v. JONES et al

Filing 14

ORDER OF DISMISSAL - The 12 report and recommendation is accepted and adopted as the court's opinion. The clerk must enter judgment stating, "This case is dismissed for failure to state a claim upon which relief may be granted." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 7/16/2018. (vkm)

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

BRUCE A. LING, JR.,
Plaintiff,
v.

CASE NO. 4:18cv101-RH/CAS

D. STOLTZFUS, SLPN et al.,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 12, and the objections, ECF No. 13. I have reviewed
de novo the issues raised by the objections. The report and recommendation
correctly concludes that the amended complaint fails to state a claim on which
relief can be granted.
In the objections, the plaintiff asks for leave to amend further. But the
plaintiff has alleged no facts that would be sufficient to state a claim. Flu shots are
routinely given; merely giving a flu shot is not negligent, let alone deliberately
indifferent. And the report and recommendation correctly concludes that the action
is barred by the statute of limitations.
Case No. 4:18cv101-RH/CAS

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IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
opinion. The clerk must enter judgment stating, “This case is dismissed for failure
to state a claim upon which relief may be granted.” The clerk must close the file.
SO ORDERED on July 16, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:18cv101-RH/CAS