BOATMAN v. FORTENBERRY

Filing 16

ORDER adopting the Chief Magistrate Judge's 14 Report and Recommendation. Plaintiff's Fourth Amendment and Fourteenth Amendment equal protection claims are DISMISSED with prejudice, under 28 U.S.C. § 1915(e)( 2)(B)(ii), for failure to state a claim upon which relief may be granted. Plaintiff's Fifth, Sixth, Eighth, and remaining Fourteenth Amendment claims are DISMISSED without prejudice as Heck-barred. Plaintiff's remaining federal claims are DISMISSED with prejudice as frivolous. Plaintiff's state law claims are DISMISSED without prejudice to his pursuing them in state court. The clerk is directed to enter judgment accordingly and close the file. Signed by SENIOR JUDGE ROGER VINSON on 4/20/2017. (djb)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
PAUL CORNELIUS BOATMAN,
Plaintiff,
vs.

Case No.: 3:17cv29/RV/EMT

INVESTIGATOR SHANNAN FORTENBERRY, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated March 22, 2017 (ECF No. 14). 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.
Having considered the Report and Recommendation, 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.
2.

Plaintiff’s Fourth Amendment and Fourteenth Amendment equal

protection claims are DISMISSED with prejudice, under 28 U.S.C.

Page 2 of 2

§ 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted.
3.

Plaintiff’s Fifth, Sixth, Eighth, and remaining Fourteenth Amendment

claims are DISMISSED without prejudice as Heck-barred.
4.

Plaintiff’s remaining federal claims are DISMISSED with prejudice as

frivolous.
5.

Plaintiff’s state law claims are DISMISSED without prejudice to his

pursuing them in state court.
6.

The clerk is directed to enter judgment accordingly and close the file.

DONE AND ORDERED this 20th day of April, 2017.

/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No.: 3:17cv29/RV/EMT