LAUDERDALE v. TUCKER et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATION re 12 Report and Recommendation. Signed by SENIOR JUDGE WILLIAM STAFFORD on 7/8/13. (deb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

CARL WAYNE LAUDERDALE, JR.,
Plaintiff,
v.

5:13cv168-WS

KENNETH S. TUCKER, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
June 17, 2013. See Doc. 12. The magistrate judge recommends that this case be
dismissed with prejudice for failure to state a claim upon which relief may be granted.
The plaintiff has filed objections (doc. 17) to the report and recommendation,
suggesting that this court lacks jurisdiction because the defendants' notice of removal
contains an electronic signature rather than an original signature. The court finds no
merit to the plaintiff's objections. See N.D. Fla. Loc. R. 5.1(A)(7) (providing that "[u]se
of the Filing User's login user name and password, either by the Filing User or by
someone authorized to act on behalf of a Filing User, to file a document electronically
is the legal equivalent of the Filing User's original signature on the document filed and
is, for all purposes, the signature of the Filing User required by Fed. R. Civ. P. 11, the
Federal Rules of Civil and Criminal Procedure, these Local Rules, and any other

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purpose for which a signature is required in connection with proceedings before the
court").
Having considered the record in light of the plaintiff's objections, the court finds
that the magistrate judge's report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 12) is hereby
ADOPTED and incorporated by reference into this order.
2. This action is DISMISSED with prejudice for failure to state a claim upon
which relief may be granted.
3. The clerk shall enter judgment stating: "All claims are dismissed with
prejudice."
DONE AND ORDERED this

8th

day of

July

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE