SHEFFIELD v. TUCKER
Filing
30
ORDER adopting Chief Magistrate Judge's 24 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). All pending motions are DENIED as moot. Signed by CHIEF JUDGE M CASEY RODGERS on 01/05/2017. (MB)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
LANCE JAVON SHEFFIELD,
Inmate No. H18077,
Plaintiff,
v.
CASE NO. 3:16cv204/MCR/EMT
KENNETH TUCKER,
Defendant.
_________________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated December 12, 2016. ECF No. 24. 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.
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).
3.
All pending motions are DENIED as moot.
DONE AND ORDERED this 5th day of January, 2017.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No. 3:16cv204/MCR/EMT
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