Opinion
5:13cv168-WS
07-08-2013
CARL WAYNE LAUDERDALE, JR., Plaintiff, v. KENNETH S. TUCKER, et al., Defendants.
ORDER ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed June 17, 2013. See Doc. 12. The magistrate judge recommends that this case be dismissed with prejudice for failure to state a claim upon which relief may be granted.
The plaintiff has filed objections (doc. 17) to the report and recommendation, suggesting that this court lacks jurisdiction because the defendants' notice of removal contains an electronic signature rather than an original signature. The court finds no merit to the plaintiff's objections. See N.D. Fla. Loc. R. 5.1(A)(7) (providing that "[u]se of the Filing User's login user name and password, either by the Filing User or by someone authorized to act on behalf of a Filing User, to file a document electronically is the legal equivalent of the Filing User's original signature on the document filed and is, for all purposes, the signature of the Filing User required by Fed. R. Civ. P. 11, the Federal Rules of Civil and Criminal Procedure, these Local Rules, and any other purpose for which a signature is required in connection with proceedings before the court").
Having considered the record in light of the plaintiff's objections, the court finds that the magistrate judge's report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 12) is hereby ADOPTED and incorporated by reference into this order.
2. This action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted.
3. The clerk shall enter judgment stating: "All claims are dismissed with prejudice."
____________________________
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE