Maley v. Kansas, State of et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The case is dismissed under 28 U.S.C. § 1915(e) with prejudice. Signed by District Judge Julie A. Robinson on 10/3/2012.Mailed to pro se party Marcus A. Maley, 27146 NE Osage Road, Garnett, KS 66032 by regular and certified mail ; Certified Tracking Number: 70111570000262700829.(pp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARCUS A. MALEY,

)
Plaintiff,
)
)
vs.
)
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STATE OF KANSAS,
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Defendant. )
__________________________________________)

Case No. 12-2562-JAR

ORDER ADOPTING REPORT AND RECOMMENDATION
Fourteen days having passed, and no written objections being filed to the proposed
findings and recommendations filed by Magistrate Judge James P. O’Hara, and after a de novo
determination upon the record pursuant to Fed. R. Civ. P. 72(b), the Court accepts the
recommended decision and adopts it as its own.1
IT IS THEREFORE ORDERED that this case is dismissed under 28 U.S.C. § 1915(e)
with prejudice in accordance with the September 4, 2012 Report and Recommendation (Doc. 6).
IT IS SO ORDERED.
Dated: October 3, 2012
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE

1

Plaintiff received the Report and Recommendation on September 6, 2012 (Doc. 17). On September 10,
2012, Plaintiff prematurely filed Notice of Appeal with the Tenth Circuit Court of Appeals. The appeal was
dismissed on October 3, 2012 for lack of prosecution.