Opinion
Case No. 3:11cv453/MCR/EMT
10-28-2011
PHILLIP J. KENNEDY, Plaintiff, v. JEAN PIERRE SAKEY, et al., Defendants.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 28, 2011 (doc. 4). The 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 a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, 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. This case is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted and under 28 U.S.C. § 1915(e)(2)(B)(iii) because it seeks monetary relief against a defendant who is immune from such relief.
3. The clerk is directed to close the file.
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE