BAIRD v. MCDONOUGH et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATION - This cause is DISMISSED for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by District Judge M CASEY RODGERS on 3/4/2009. (laj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION KENNETH BAIRD, Plaintiff, vs. S. MILIKEN, et al., Defendants. ________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated January 9, 2009 (Doc. 20). Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted. Acco rdin gly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. This cause is DISMISSED for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). DONE AND ORDERED this 4th day of March, 2009. Case No. 5:06cv250/MCR/EMT

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE