BARCO v. DEPARTMENT OF CORRECTIONS et al

Filing 13

ORDER adopting Magistrate Judge's 9 REPORT AND RECOMMENDATION. This case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B) for plaintiffs failure to state a claim upon which relief can be granted. Clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 11/08/2017. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
JOSE BARCO,
Plaintiff,
v.

Case No. 3:17cv96-LC-CJK

SGT. S. SMILEY, SGT. S. CHOPP,
CAPTAIN GRIFFIN, and
WARDEN J. SLOAN,
Defendants.
________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated September 26, 2017 (doc. 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 the timely filed objections.
Having considered the Report and Recommendation, and the objections
thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

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incorporated by reference in this order.
2.

This case is DISMISSED WITHOUT PREJUDICE pursuant to 28

U.S.C. § 1915(e)(2)(B) for plaintiff’s failure to state a claim upon which relief can be
granted.
3.

The Clerk is directed to close the file.

DONE AND ORDERED this 8th day of November, 2017.

s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE