LANE v. POTTS

Filing 102

ORDER APPROVED 95 REPORT AND RECOMMENDATION Pla's Fifth Amended Complaint 93 is dismissed pursuant to 28 U.S.C. §1915(e)(2) for failure to state a claim upon which relief may be granted. The clerk of court is directed to note on the docket that this case was dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(ii). The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 5/4/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION GREGORY R. LANE, Plaintiff, vs. KEREN POTTS, et al., Defendants. _________________________________________/ ORDER Before me are the Magistrate Judge's Order and Amended Report and Recommendation (Doc. 95) and Plaintiff's objections (Doc.101). My Order dated April 30, 2010, (Doc. 99) is withdrawn and the clerk's judgment (Doc. 100) is vacated. Even though Plaintiff's objections were filed after the April 28, 2010, deadline, I have made a de novo determination of those portions of the report to which objection has been made pursuant to 28 U.S.C. § 636(b)(1)(C). IT IS ORDERED: 1. The Magistrate Judge's Order and Amended Report and Recommendation (Doc. 95) is approved and incorporated in this Order. CASE NO. 5:08-cv-242/RS/WCS

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2.

Plaintiff's Fifth Amended Complaint (Doc. 93) is dismissed pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a claim upon which relief may be granted.

3.

The clerk of court is directed to note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

4.

The clerk is directed to close the file.

ORDERED on May 4, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE