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)
Case 4:21-cv-00490-WS-MAF Document 10 Filed 05/10/22 Page 1 of 2
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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
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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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