GIBSON v. KENT

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATION. Plaintiff's claims under the Prison Rape Elimination Act and under the Eighth Amendment are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. Plaintiff's claims under state laws and regulations are DISMISSED without prejudice. This dismissal is deemed a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by CHIEF JUDGE M CASEY RODGERS on 12/19/2016. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

DARRYL TORNEY GIBSON,
Inmate No. 169618,
Plaintiff,
v.

CASE NO. 3:15cv458/MCR/EMT

SGT. B. KENT,
Defendant.
_________________________________/

ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated November 18, 2016 (ECF No. 16). 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). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, I have determined that the Report and Recommendation should
be adopted.

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Accordingly, it is now ORDERED as follows:
1.

The chief magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2.

Plaintiff’s claims under the Prison Rape Elimination Act and under the

Eighth Amendment are DISMISSED with prejudice pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
3.

Plaintiff’s claims under state laws and regulations are DISMISSED

without prejudice.
4.

This dismissal is deemed a “strike” for purposes of 28 U.S.C. § 1915(g).

DONE AND ORDERED this 19th day of December, 2016.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:15cv458/MCR/EMT