Gary v. M&S Food

Full title: CARLTON GARY, Plaintiff, v. M&S FOOD, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

Date published: Apr 28, 2014

5:13cv416-WS (N.D. Fla. Apr. 28, 2014)

Opinion

5:13cv416-WS

04-28-2014

CARLTON GARY, Plaintiff, v. M&S FOOD, Defendant.

WILLIAM STAFFORD

ORDER ADOPTING THE MAGISTRATE JUDGE'S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation docketed April 17, 2014. See Doc. 12. The magistrate judge recommends that this case be dismissed for failure to state a claim upon which relief may be granted. The plaintiff has since filed what he has entitled a motion to alter or amend judgment. Doc. 13. Because no judgment has yet been entered, the court has construed the motion as objections to the report and recommendation. See 28 U.S.C. § 636.

Having considered the record in light of the plaintiff's objections, the court finds that the magistrate judge's report and recommendation should be adopted.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 12) is hereby ADOPTED and incorporated by reference into this order.

2. The plaintiff's complaint and this action are DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2).

3. The clerk shall enter judgment stating: "All claims are DISMISSED for failure to state a claim."

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WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE