KHAYRALLAH v. RUTHERFORD

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION; denying as moot 6 Motion for Leave to Proceed in forma pauperis. Signed by JUDGE ALLEN C WINSOR on 7/5/2024. The clerk will enter a judgment that says, "This case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim." The clerk will then close the file. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION KOJO KHAYRALLAH, Plaintiff, v. Case No. 4:24-cv-213-AW-MJF JOHN H. RUTHERFORD, Defendant. _______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Having carefully considered the matter, I now adopt the report and recommendation (ECF No. 5) and incorporate it into this order. Plaintiff did not object to the report and recommendation. I agree with the magistrate judge that Plaintiff has not stated a claim and that any amendment would be futile. The clerk will enter a judgment that says, “This case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim.” The clerk will then close the file. The IFP motion (ECF No. 6) is DENIED as moot. SO ORDERED on July 5, 2024. s/ Allen Winsor United States District Judge

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