LAQUE v. ATKINSON et al

Filing 24

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. Plaintiff's Eighth Amendment claim against defendant Clark is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiff's failure to state a claim upon which relief can be granted. This matter is referred to the assigned Magistrate Judge for further proceedings on plaintiff's Eighth Amendment claim against defendants Adkinson, Sheppard, and Weeks. Signed by SENIOR JUDGE ROGER VINSON on 8/23/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MICHAEL W. LAQUE,
Plaintiff,
v.

Case No. 3:17cv99-RV-CJK

MICHAEL ADKINSON, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated August 9, 2017 (doc. 19). The parties have been
furnished a copy of the Report and Recommendation and have 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 (doc.
21).
Having considered the Report and Recommendation, and the objections
thereto timely filed, 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

incorporated by reference in this order.

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2.

Plaintiff’s Eighth Amendment claim against defendant Clark is

DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for plaintiff’s failure to state a
claim upon which relief can be granted.
3.

This matter is referred to the assigned Magistrate Judge for further

proceedings on plaintiff’s Eighth Amendment claim against defendants Adkinson,
Sheppard, and Weeks.
DONE AND ORDERED this 23rd day of August, 2017.

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

Case No. 3:17cv99-RV-CJK