STOKES v. OWENS

Filing 61

ORDER adopting 60 REPORT AND RECOMMENDATION; granting 50 Motion to Dismiss for Failure to State a Claim. 4. Plaintiff's state law claims are DISMISSED without prejudice. 5. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 11/18/2011. (1915 flag added) (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
TEDDY SHAWN STOKES,
Plaintiff,
vs.

CASE NO. 5:09-cv-326/RS-CJK

CHRISTINE OWENS,
Defendant.
_________________________________________ /
ORDER
U

Before me is the Magistrate Judge’s Report and Recommendation (Doc. 60).
Plaintiff has not filed objections.
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is approved and is
incorporated in this Order.
2. Defendant’s Motion to Dismiss (Doc. 5) is GRANTED to the extent Plaintiff’s
Second Amended Complaint fails to state an Eight Amendment claim.
3. Plaintiff’s Eighth Amendment Claim asserted under §1983 is DISMISSED with
prejudice pursuant to 28 U.S.C. §1915(e)(2)(B)(ii) for Plaintiff’s failure to state a
claim upon which relief may be granted.
4. Plaintiff’s state law claims are DISMISSED without prejudice.
5. The clerk is directed to close the file.

ORDERED on November 18, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE