WALKER v. INMATE MAGAZINE SERVICE INC

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 10 Report and Recommendation. The complaint is 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. This dismissal should be deemed a strike for purposes of 28 U.S.C. § 1915(g). Signed by SENIOR JUDGE ROGER VINSON on 1/9/2018. (alb)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MAURICE E. WALKER, Inmate No. L46404 Plaintiff, vs. Case No.: 3:16cv610/RV/EMT INMATE MAGAZINE SERVICE, INC., Defendant. ____________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated December 5, 2017 (ECF No. 10). 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. 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. Page 2 of 2 2. The complaint is 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. This dismissal should be deemed a “strike” for purposes of 28 U.S.C. § 1915(g). DONE AND ORDERED this 9th day of January 2018. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE Case No.: 3:16cv610/RV/EMT

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