SCOTT v. LANDY et al

Filing 11

ORDER ADOPTING 9 REPORT AND RECOMMENDATION. This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious and that Plaintiff be assessed a "strike" under 28 U.S.C. § 1915(e). Signed by CHIEF JUDGE M CASEY RODGERS on 9/27/2017. (sdw)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOE HENRY SCOTT, III, Inmate No. ECSO-00MNI-006285, Plaintiff, v. CASE NO. 3:15cv578/MCR/EMT MARIA LANDY, et al., Defendants. ____________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated August 28, 2017. ECF No. 9. 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 all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined that the Report and Recommendation should be adopted. Page 2 of 2 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. This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious and that Plaintiff be assessed a “strike” under 28 U.S.C. § 1915(e). DONE AND ORDERED this 27th day of September, 2017. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:15cv578/MCR/EMT

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