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)

Download PDF
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: Dockets.Justia.com 1. 2. 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); 3. 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?