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Henry Lee Sailes v. Ken Tucker

December 27, 2011

HENRY LEE SAILES, PLAINTIFF,
v.
KEN TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, DEFENDANT.



The opinion of the court was delivered by: Lacey A. Collier Senior United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated November 23, 2011 (doc. 5). 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). In response, Plaintiff filed a Motion for Leave to File an Amended Complaint (doc. 6), which the Court construes to include objections to the Report and Recommendation.

Having considered the Report and Recommendation, and the timely filed objections thereto,

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 cause is DISMISSED for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

3. Plaintiff's Motion for Leave to File an Amended Complaint (doc. 6) is DENIED in light of the instant Order.

L.A. Collier

20111227

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