JACOBS v. COMERFORD et al

Filing 58

ORDER adopting the magistrate judge's 56 Report and Recommendation. Defendants' 46 Motion for Sanctions and Dismissal Based on Plaintiff's Failure to Disclose Prior Filings" is GRANTED, without prejudi ce, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and results in the imposition of a "strike" under 28 U.S.C. § 1915(g). Plaintiff's 49 Emergency Motion to Amend to Correct Error is DENIED. Plaintiff's 55 Motion f or This Court to Dismiss Defendants' 55 Motion to Dismiss and Motion for Sanctions'..." is DENIED. All other pending motions (docs. 22 , 43 , 52 , 53 , and 54 ) are DENIED, as moot. The clerk is directed to close this file. Signed by SENIOR JUDGE ROGER VINSON on 11/25/2013. (djb)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JARVEY JACOBS, JR.,
Plaintiff,
vs.

Case No.: 3:13cv52/RV/EMT

WARDEN R. COMERFORD, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 30, 2013 (doc. 56). The parties have been furnished a copy of the
Report and Recommendation and have 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 the timely
filed objections (doc. 57).
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.

Defendants’ “Motion for Sanctions and Dismissal Based on Plaintiff’s Failure to

Disclose Prior Filings” (doc. 46) is GRANTED, without prejudice, pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i) and results in the imposition of a “strike” under 28 U.S.C. § 1915(g).
3.

Plaintiff’s “Emergency Motion to Amend to Correct Error” (doc. 49) is DENIED.

4.

Plaintiff’s “Motion for This Court to Dismiss Defendants’ ‘Motion to Dismiss and

Motion for Sanctions’ . . .” (doc. 55) is DENIED.
5.

All other pending motions (docs. 22, 43, 52, 53, and 54) are DENIED, as moot.

6.

The clerk is directed to close this file.

DONE AND ORDERED this 25th day of November, 2013.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE