DONALD v. WYCHE et al

Filing 7

ORDER ACCEPTING 6 REPORT AND RECOMMENDATION. The 6 report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's claims are DISMISSED pursuant t o Federal Rule of Civil Procedure 41(b) for failure to comply with court orders, for seeking a relief not cognizable under Section 1983, for failure to state a claim upon which relief can be granted, and because his claims are barred under the Eleventh Amendment." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 02/16/2021. (rcb)

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Case 4:20-cv-00536-MW-MAF Document 7 Filed 02/16/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DESHONE E. DONALD Plaintiff, v. CASE NO.: 4:20cv536-MW/MAF OFFICER WYCHE, et al., Defendants. _________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 6. The Magistrate Judge gave Plaintiff fourteen (14) days to amend his excessive force claim but he has not done so. Upon consideration, no objections having been filed by the parties, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court’s opinion. The Clerk shall enter judgment stating, “Plaintiff’s claims are DISMISSED pursuant to Federal Rule of Civil Procedure 41(b) for failure to comply with court orders, for seeking a relief not cognizable under Section 1983, for failure to state a claim upon which relief can be granted, and because his claims are 1 Case 4:20-cv-00536-MW-MAF Document 7 Filed 02/16/21 Page 2 of 2 barred under the Eleventh Amendment.” The Clerk shall close the file. SO ORDERED on February 16, 2021. s/Mark E. Walker Chief United States District Judge 2

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