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Byron J. Everidge v. Sergeant Cannon

November 18, 2011

BYRON J. EVERIDGE, PLAINTIFF,
v.
SERGEANT CANNON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

Upon consideration of the Report and Recommendation of the Magistrate Judge filed on November 1, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation (doc. 19), the Recommendation is adopted as the opinion of the Court.

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. The plaintiff's federal claims are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiff's failure to state a claim upon which relief may be granted.

3. To the extent the complaint raises state law claims, such claims are DISMISSED WITHOUT PREJUDICE to plaintiff's re-filing them in the appropriate state court.

4. The clerk is directed to close the file.

M. Casey Rodgers

20111118

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