Melendez v. Schultz et al

Filing 11

ORDER adopting 8 Report and Recommendation of Magistrate Judge, dismissing Plaintiff's Complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and because it is barred by Heck v. Humphrey, 512 U.S. 477 (1994), and closing case. Signed by Judge Joan A. Lenard on 8/31/2010. (mhz)

M e l endez v. Schultz et al

Do c. 11

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 10-22269-CIV-LENARD/WHITE A N G E L MARIO MELENDEZ, P l a in tif f , v. S T A T E OF FLORIDA, et al., Defendants. ________________________________/ O R D E R ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 8) T H I S CAUSE is before the Court on the Report and Recommendation of the M a g is tra te Judge ("Report," D.E. 8), issued on July 28, 2010, recommending that, after c o n d u c tin g initial screening pursuant to 28 U.S.C. § 1915, Plaintiff's complaint be dismissed f o r failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and barred by Heck v. H u m p h re y, 512 U.S. 477 (1994). Therein, Plaintiff was given fourteen (14) days to file o b je c tio n s to the Report. As of the date of this Order, Plaintiff has failed to file any o b je c tio n s to the Report. Failure to file timely objections shall bar the parties from attacking o n appeal the factual findings contained in the report. See Resolution Trust Corp. v. H a llm a rk Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Based on a review of the M a g is tra te Judge's Report, the Complaint, the related pleadings, and the record, it is hereby O R D E R E D AND ADJUDGED that:

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T h e Report of the Magistrate Judge (D.E. 8) is ADOPTED; P la in t if f ' s Complaint is DISMISSED for failure to state a claim pursuant to 2 8 U.S.C. § 1915(e)(2)(B)(ii) and by Heck v. Humphrey, 512 U.S. 477 (1994);

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This case is CLOSED.

D O N E AND ORDERED in Chambers at Miami, Florida this 31st day of August, 2010.

_ _ _ _ _ _ _ _ _ _ _______________________ _ _ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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