Opinion
Case No.: 3:12cv516/MCR/EMT
03-11-2013
CALEEM LARONDE, Plaintiff, v. SGT. MASON Defendant.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 1, 2013 (doc. 36). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been timely filed.
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. Defendant's motion to dismiss (doc. 14) is GRANTED;
3. This cause of action is DISMISSED without prejudice for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE