Opinion
Case Number: 20-10062-CIV-MARTINEZ-REID
01-27-2021
ERIC LEE KINCAID, Plaintiff, v. TRAVIS D. LOCKWOOD, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THIS CAUSE was referred to the Honorable Lisette M. Reid, United States Magistrate Judge, for a Report and Recommendation, ("R&R") on all dispositive matters, [ECF No. 2]. After initial screening, Magistrate Judge Reid filed a R&R, [ECF No. 8], recommending Plaintiff's pro se § 1983 case be dismissed without prejudice for failure to state a claim. The R&R also recommended that Plaintiff be granted leave to cure the deficiencies by a date certain. Plaintiff timely filed an Amended Complaint, [ECF No. 11], which is now before the Court. Magistrate Judge Reid conducted an additional screening of the Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2) and again found that Plaintiff has failed to state a claim, [ECF No. 12]. Accordingly, Magistrate Judge Reid issued an R&R recommending that Plaintiff's Amended Complaint be dismissed with prejudice and the case be closed. Id. The Court has reviewed the entire record and notes that no objections have been filed. Nonetheless, after a de novo review of the record, the Court agrees with the totality of Magistrate Judge Reid's R&R and finds that Plaintiff has indeed failed to state a claim for relief for the second time.
Accordingly, after careful consideration, it is hereby:
ADJUDGED that United States Magistrate Judge Reid's Report and Recommendation, [ECF No. 12], is AFFIRMED and ADOPTED.
Accordingly, it is
ADJUDGED that:
1. Plaintiff's pro se § 1983 Amended Complaint, [ECF No. 11], is DISMISSED with prejudice for failure to state a claim upon which relief can be granted.
2. This case is CLOSED, and all pending motions shall be DENIED AS MOOT.
DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of January, 2021.
/s/_________
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE Copies provided to:
Magistrate Judge Reid
All Counsel of Record
Eric Lee Kincaid, pro se