HARRIS v. JONES et al

Filing 46

ORDER ADOPTING THE MAGISTRATE JUDGE'S AMENDED SECOND REPORT AND RECOMMENDATION - The magistrate judge's amended second report and recommendation (doc. 36 ) is hereby ADOPTED and incorporated by reference in this order. The plaintiff's amended complaint and this action are DISMISSED for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The clerk shall enter judgment stating: "All claims are dismissed." The clerk shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The plaintiff's motion (doc. 35 ) for stay pending exhaustion is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 8/21/2018. (ckm)

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

MARCUS B. HARRIS,
Plaintiff,
v.

4:18cv198–WS/CAS

JULIE L. JONES, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
AMENDED SECOND REPORT AND RECOMMENDATION
Before the court is the magistrate judge's amended second report and
recommendation (doc. 36) docketed July 16, 2018. The magistrate judge
recommends that the plaintiff's case be dismissed for failure to state a claim. The
plaintiff has filed objections (docs. 38 & 39) to the report and recommendation.
Having reviewed the record in light of the plaintiff’s objections, the court
finds that the magistrate judge’s amended second report and recommendation is
due to be adopted because the plaintiff has, indeed, failed to state a claim upon
which relief may be granted as to any of the defendants. Accordingly, it is

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ORDERED:
1. The magistrate judge’s amended second report and recommendation (doc.
36) is hereby ADOPTED and incorporated by reference in this order.
2. The plaintiff's amended complaint and this action are DISMISSED for
failure to state a claim 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 case was dismissed pursuant to
28 U.S.C. § 1915(e)(2)(B)(ii).
5. The plaintiff’s motion (doc. 35) for stay pending exhaustion is DENIED.
DONE AND ORDERED this

21st

day of

August

, 2018.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE