MCFARLANE v. JACKSON CORRECTIONAL INSTITUTION

Filing 15

ORDER ADOPTING 10 REPORT AND RECOMMENDATION: 12 Motion for Extension of Time to File; 14] Motion for Miscellaneous Relief filed by MILTON EARL MCFARLANE are DENIED AS MOOT. Signed by CHIEF JUDGE STEPHAN P MICKLE on 12/15/2010. (jws)

-GRJ MCFARLANE v. JACKSON CORRECTIONAL INSTITUTION, et al

Doc. 15

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION MILTON EARL MCFARLANE, Plaintiff, v. BENNY R. INGRAM, et al., Defendants. __________________________/ ORDER THIS CAUSE comes before the Court upon the Magistrate Judge's report and recommendation (doc. 10) dated November 24, 2010. Plaintiff was furnished a copy, and has filed a "Motion for Relief," dated December 8, 2010, (doc. 14), which will be treated as an objection. Plaintiff also filed requests for extensions of time to file a prison trust account statement (doc. 12) and to complete legal work (doc. 13). Pursuant to Title 28, United States Code, Section 636(b)(1), I find that the report and recommendation should be adopted. As explained in the report and recommendation and the Magistrate Judge's order directing Plaintiff to amend his complaint (doc. 6) , federal courts do not operate as appellate courts for prison CASE NO. 5:10cv223-SPM/GRJ

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disciplinary proceedings.1 A federal court's review of prison disciplinary proceedings is very limited, and Plaintiff has not alleged any viable federal claims regarding his disciplinary proceedings. Accordingly it is ORDERED AND ADJUDGED: 1. The report and recommendation (doc. 10) is adopted and

incorporated by reference in this order. 2. 3. as moot. DONE AND ORDERED this 15th day of December, 2010. This case is dismissed for failure to state a claim for relief. The requests for extensions of time (docs. 12 and 14) are denied

Stephan P. Mickle Chief United States District Judge

s/ Stephan P. Mickle

In Florida, appellate review of prison disciplinary proceedings is available by petition for writ of mandamus to the state circuit court after exhaustion of administrative remedies. See Stokes v. Dep't of Corr., 948 So.2d 75, 76 n.1 (Fla. 1st DCA 2007).
CASE NO. 5:10cv223-SPM/GRJ

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