Opinion
CASE NO. 4:13-cv-117-MW/GRJ
04-22-2014
DERRICK L. GIBSON, SR., Plaintiff, v. JOHN DOE and MICHAEL D. CREWS, Secretary, DEPARTMENT OF CORRECTIONS, Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered the Magistrate's Report and Recommendation, ECF No.30, filed April 1, 2014. Upon consideration, no objections having been filed by Plaintiff,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion.
The Defendant's motion to dismiss, ECF No. 19, is GRANTED. Plaintiff's motion for leave to file a second amended complaint, ECF No. 26, is DENIED. The Clerk shall enter judgment stating, "Plaintiff's federal claims are dismissed with prejudice. Plaintiff's state law claim is dismissed without prejudice." The Clerk shall close the file.
Mark E. Walker
United States District Judge