Opinion
CASE NO. 1:19cv155-MW/GRJ
11-26-2019
MUSTAFA OJONUBA JIBRIN, Plaintiff, v. UNIVERSITY OF FLORIDA POLICE DEPARTMENT, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 8, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 9. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's First Amended Complaint, ECF No. 7, is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted." The Clerk shall close the file.
This Court notes that Plaintiff filed a notice of appeal of the Magistrate Judge's order denying Plaintiff's motion for reconsideration. ECF No. 12. To the extent Plaintiff sought to appeal the Magistrate Judge's order to this Court, this Court finds the Magistrate Judge's order to not be clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a). To the extent Plaintiff sought to appeal the Magistrate Judge's order to the Eleventh Circuit, that order is a nonfinal order and is therefore not appealable and thus does not divest this Court of jurisdiction. If Plaintiff intends to proceed with his appeal to the Eleventh Circuit, he must instead appeal this Order to the Eleventh Circuit.
SO ORDERED on November 26, 2019.
s/ Mark E. Walker
Chief United States District Judge