Dupere v. Department of Revenue

Full title: GERALD DUPERE, Plaintiff, v. DEPARTMENT OF REVENUE, et al., Defendants

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Sep 14, 2005

Case No. 3:05cv261/MCR/MD (N.D. Fla. Sep. 14, 2005)

Opinion

Case No. 3:05cv261/MCR/MD.

September 14, 2005

ORDER

M. CASEY RODGERS, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated August 10, 2005. The 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), and I have made a de novo determination of those portions to which an objection has been made.

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. This case is dismissed pursuant to 28 U.S.C.A. § 1915(e)(2)(B)(ii) because it fails to state a claim under 42 U.S.C. § 1983, or in the alternative, it is dismissed for lack of jurisdiction because it does not state a federal claim.

DONE AND ORDERED.