Gonzalez v. Peart

Filing 11

ORDER adopting 7 Report and Recommendations and DISMISSING Complaint. Signed by Chief Judge Federico A. Moreno on 2/11/2009. (MM)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 08-23364-CIV-MORENO JOSE GONZALEZ, Plaintiff, vs. WAYNE PEART, et al., Defendants. _____________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report and Recommendation on Plaintiff's pro se civil rights complaint (D.E. No. 1), filed on December 12, 2008. The Magistrate Judge filed a Report and Recommendation (D.E. No. 7) on January 16, 2009. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation (D.E. No. 7) on January 16, 2009 is AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that Plaintiff's Complaint is DISMISSED pursuant to 28 U.S.C. 1915 (e) (2) (B) (ii) with prejudice. This case is CLOSED, and all pending motions are DENIED as MOOT. DONE AND ORDERED in Chambers at Miami, Florida, this 11th day of February, 2009. _______________________________________ FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE Copies provided to: United States Magistrate Judge Patrick A. White Counsel and Parties of Record

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