MARTIKEAN v. UNITED STATES OF AMERICA et al

Filing 70

ORDER adopting 68 Report and Recommendation; granting 49 , 63 Motions to Dismiss. Signed by SENIOR JUDGE MAURICE M PAUL on 8/26/2014. The claims against Defendants Abad and Guzman are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). The Clerk is directed to close the file. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
GLENN L. MARTIKEAN,
Plaintiff,
v.

CASE NO. 5:11-cv-00343-MP-CJK

DR. A. GUZMAN, M.D., Clinical
Director, and EDEN ABAD, MidLevel Practitioner,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated July 7, 2014. (Doc. 68). The parties have been furnished a copy of the
Report and Recommendation and have been afforded an opportunity to file objections pursuant
to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections at Doc. 69. I
have made a de novo review based on those objections.
Having considered the Report and Recommendation, and the timely filed objections, I
have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The Magistrate Judge’s Report and Recommendation (doc. 68) is adopted and
incorporated by reference in this order.

2.

Defendants’ motions to dismiss (docs. 49, 63) are GRANTED.

3.

The claims against Defendants Abad and Guzman are DISMISSED WITHOUT
PREJUDICE for failure to state a claim upon which relief can be granted,
pursuant to Federal Rule of Civil Procedure 12(b)(6).

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4.

The Clerk is directed to close the file.

DONE AND ORDERED this

26th day of August, 2014

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 5:11-cv-00343-MP-CJK