Parcher v. Gee et al

Filing 103

ORDER granting 61 defendant's motion for sanctions; denying 77 plaintiff's motion for sanctions; adopting the report and recommendation 102 . Signed by Judge Steven D. Merryday on 12/27/2016. (SKB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JAMES W. PARCHER,
Plaintiff,
v.

CASE NO. 8:09-cv-857-T-23TGW

SHERIFF DAVID GEE, et al.,
Defendants.
/

ORDER
Parcher’s complaint under 42 U.S.C. § 1983 alleges that the defendants
violated his civil rights. This action proceeds on Parcher’s third amended complaint.
(Doc. 50), which the defendants moved to dismiss. (Doc. 52) Based on an exhibit
attached to Parcher’s opposition (Doc. 59), the defendants move for sanctions for
Parcher’s fraud on the court. (Doc. 61) Parcher countered with his motion for
sanctions. (Doc. 77) The district court referred (Doc. 85) the two motions for
sanctions to Magistrate Judge Thomas G. Wilson. After conducting an evidentiary
hearing, the magistrate judge in a painstakingly thorough and utterly convincing
report recommends granting the defendants’ motion and denying Parcher’s motion.
Neither party objects to the magistrate judge’s report and recommendation (Doc.
102).

The report and recommendation (Doc. 102) is ADOPTED. The defendants’
motion for sanctions (Doc. 61) is GRANTED and Parcher’s motion for sanctions
(Doc. 77) is DENIED. This action is DISMISSED WITH PREJUDICE. The clerk
must enter a judgment against Parcher and for the defendants and close this case.
ORDERED in Tampa, Florida, on December 27, 2016.

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