MENDOZA v. ALLEN et al

Filing 10

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (ECF No. 8 ) is hereby ADOPTED and incorporated by reference into this order. Petitioner's habeas petition and this action are hereby DISMISSED with prejudice as frivolous and/or for failure to state a claim upon which relief may be granted. The clerk shall enter judgment stating: "All claims are dismissed with prejudice." The clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i) & (ii). The clerk shall close the case. Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/10/22. (sjb)

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Case 4:21-cv-00490-WS-MAF Document 10 Filed 05/10/22 Page 1 of 2 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION GEORGE RICHARD MENDOZA, Plaintiff, v. 4:21cv490–WS/MAF E.L. OLDS, et al., Defendants. ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation (ECF No. 8) docketed March 11, 2022. The magistrate judge recommends that Petitioner’s claims be dismissed as frivolous and for failure to state a claim upon which relief may be granted. Petitioner has filed objections (ECF No. 9) to the report and recommendation. Having reviewed the record in light of Petitioner’s objections, the court finds—as did the magistrate judge—that all of Petitioner’s claims are due to be dismissed as frivolous and/or for failure to state a claim. Case 4:21-cv-00490-WS-MAF Document 10 Filed 05/10/22 Page 2 of 2 Page 2 of 2 Accordingly, it is ORDERED: 1. The magistrate judge’s report and recommendation (ECF No. 8) is hereby ADOPTED and incorporated by reference into this order. 2. Petitioner’s habeas petition and this action are hereby DISMISSED with prejudice as frivolous and/or for failure to state a claim upon which relief may be granted. 3. The clerk shall enter judgment stating: "All claims are dismissed with prejudice." 4. The clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i) & (ii). 5. The clerk shall close the case. DONE AND ORDERED this 10th day of May , 2022. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

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