Edwards v. Manning

Full title: WARREN LEE EDWARDS, Plaintiff, v. CAROLYN SUE MANNING, et al., Defendants

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

Date published: Sep 1, 2009

Case No. 3:08cv561/LAC/EMT (N.D. Fla. Sep. 1, 2009)

Opinion

Case No. 3:08cv561/LAC/EMT.

September 1, 2009

ORDER

LACEY COLLIER, District Judge

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 18, 2009 (Doc. 18). 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 the objections filed.

Having considered the Report and Recommendation, and the timely filed objections thereto, 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 claim against Carolyn Sue Manning is DISMISSED with prejudice for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and Carolyn Sue Manning is DISMISSED from this action.

3. This case is remanded to the assigned Magistrate Judge for further proceedings on Plaintiff's claim against Dr. Yu.

DONE AND ORDERED.