Wagner v. Smith

Full title: PAUL WAGNER, JR., Plaintiff, v. JAMES E. SMITH, et al., Defendants

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Aug 25, 2006

Case No.: 5:06cv11/MCR/EMT (N.D. Fla. Aug. 25, 2006)

Opinion

Case No.: 5:06cv11/MCR/EMT.

August 25, 2006

ORDER

MARGARET RODGERS, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated July 26, 2006. Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made ade novo determination of any timely filed objections.

Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. Plaintiff's amended complaint (Doc. 12) is DISMISSED WITH PREJUDICE for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

DONE AND ORDERED.