Schmoldt v. Atkinson

Full title: MARTIN BURTON SCHMOLDT, III, Plaintiff, v. TRAVIS ATKINSON, Defendant.

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

Date published: Mar 25, 2013

Case No.: 3:12cv543/MCR/EMT (N.D. Fla. Mar. 25, 2013)

Opinion

Case No.: 3:12cv543/MCR/EMT

03-25-2013

MARTIN BURTON SCHMOLDT, III, Plaintiff, v. TRAVIS ATKINSON, Defendant.

M. CASEY RODGERS

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated January 4, 2013 (doc. 15). 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 with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B) (ii), for Plaintiff's failure to state a claim upon which relief may be granted.¹

1 Plaintiff's Motion Requesting Leave to Amend Complaint (doc. 25) is denied as futile for the reasons set forth in the Report and Recommendation.

3. The clerk is directed to enter judgment accordingly and close the file.

______________________

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE