BABB v. SMITH et al
Filing
12
ORDER ADOPTING 10 REPORT AND RECOMMENDATION. Plaintiff's claims 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. Signed by SENIOR JUDGE ROGER VINSON on 11/7/2017. (alb)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
HUBERT BABB,
Inmate No. 217290,
Plaintiff,
vs.
Case No.: 3:16cv620/RV/EMT
CLARA SMITH, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated October 16, 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 the timely filed objections.
Having considered the Report and Recommendation, and the timely filed
objections thereto (doc. 11), 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.
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2.
Plaintiff’s claims 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.
DONE AND ORDERED this 7th day of November, 2017.
/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE
Case No.: 3:16cv620/RV/EMT
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