Torres v. Casteel et al

Filing 25

ORDER adopting 12 Report and Recommendations. Signed by Judge Marcia G. Cooke on 6/1/2009. (lc1)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 08-22961-CIV-COOKE/WHITE VICTOR M. TORRES, Plaintiff, v. GARY CASTEEL, et al., Defendants. ___________________________/ ORDER ADOPTING MAGISTRATE'S PRELIMINARY REPORT AND RECOMMENDATION THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation because the Plaintiff has filed an Application to Proceed Without Prepayment of Fees and Affidavit [D.E. 5]. Judge White issued a Report and

Recommendation [D.E. 12], recommending that Plaintiff's Complaint proceed against Gary Casteel in his individual capacity. Judge White recommended that Defendants Jorge Pastrana, Harley G. Lappin and the United States of America be dismissed for failure to state a claim upon which relief may be granted. As the movant did not file any objections to the Report and Recommendation, it is ORDERED AND ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation is AFFIRMED AND ADOPTED as follows: 1. 2. Plaintiff may proceed on his claim against Gary Casteel. Plaintiff's claims against Defendants Jorge Pastrana, Harley G. Lappin and the United

States of America are DISMISSED.

DONE AND ORDERED in Chambers at Miami, Florida this 1st day of June 2009.

Copies furnished to: The Honorable Patrick A. White All counsel of record Victor M. Torres, pro se Reg. No. 44304-004 FCI - Big Spring Federal Correctional Institute 1900 Simler Avenue Big Spring, TX 79720