PAYNE v. ASHLEY

Filing 33

ORDER adopting the magistrate judge's 32 Report and Recommendation. Plaintiff's overcrowding/unsanitary conditions-of-confinement claim against defendants Lawson, Hanratty, Foley and Vaughn are DISMISSED WITHOUT PREJ UDICE for plaintiff's failure to comply with an order of the court. The clerk shall enter judgment accordingly and according to the Court's January 5, 2017 Order (doc. 27 ), which dismissed with prejudice plaintiff's First Amendmen t claims against defendants Hanratty, Foley and Vaughn under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted, and which also dismissed with prejudice plaintiff's claims against defendant Matthews under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted. The clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 5/4/2017. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FERNANDO D. PAYNE,
Plaintiff,
v.

Case No. 3:15cv462/LC/CJK

LARRY R. ASHLEY, et al.,
Defendants.
_______________________/
ORDER
This cause comes on for consideration of the Magistrate Judge’s Report and
Recommendation dated April 4, 2017 (doc. 32). 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).

No

objections have been filed.
After reviewing the Report and Recommendation, the Court has determined
that it should be adopted.
Accordingly, it is now ORDERED as follows:
1. The Magistrate Judge’s Report and Recommendation (doc. 32) is adopted
and incorporated by reference in this order.
2. Plaintiff's overcrowding/unsanitary conditions-of-confinement claim against

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defendants Lawson, Hanratty, Foley and Vaughn are DISMISSED WITHOUT
PREJUDICE for plaintiff's failure to comply with an order of the court.
3. The clerk shall enter judgment accordingly and according to the Court’s
January 5, 2017 Order (doc. 27), which dismissed with prejudice plaintiff’s First
Amendment claims against defendants Hanratty, Foley and Vaughn under 28 U.S.C.
§ 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted, and
which also dismissed with prejudice plaintiff’s claims against defendant Matthews
under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may
be granted.
4. The clerk shall close the file.
DONE AND ORDERED this 4th day of May, 2017.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:15cv462/LC/CJK