Opinion
C-1-12-77
02-21-2013
ANTIONE SAMULE LEE, Plaintiff v. MARGIE PAULDINE, et al., Defendants
ORDER
This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 26) to which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate Judge (doc. no. 26) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Defendant Pauldine's motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) (doc. no. 10) is GRANTED. The County defendants' Joint Motion for Judgment on the Pleadings (doc. no. 23) is GRANTED.
The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons, an appeal of this Court's Order would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601 Cir. 1997).
This case is DISMISSED AND TERMINATED on the docket of this Court.
IT IS SO ORDERED.
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Herman J. Weber, Senior Judge
United States District Court