ROBERTS v. TURNER et al

Filing 6

ORDER adopting Chief Magistrate Judge's 4 REPORT AND RECOMMENDATION. This action is DISMISSED WITHOUT PREJUDICE as malicious, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Plaintiffs Motion for the Court to Take Judicial Notice, ECF No. 5, is DENIED. Clerk shall enter judgment accordingly and close this case. Signed by CHIEF JUDGE M CASEY RODGERS on 05/02/2017. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TROY L. ROBERTS,
Inmate No. P19951,
Plaintiff,
vs.

Case No.: 3:17cv205/MCR/EMT

JUSTIN TURNER
and WALTON COUNTY,
Defendants.
_________________________________/
ORDER
This cause comes before the Court on consideration of the Chief Magistrate
Judge’s Report and Recommendation dated April 10, 2017 (ECF No. 4). 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). The Court has made a de novo determination of any timely filed
objections.1
Having considered the Report and Recommendation, and any objections
thereto timely filed, the Court has determined that the Report and Recommendation
should be adopted.

1

Plaintiff’s Motion for the Court to Take Judicial Notice, ECF No. 5, will be construed as
an objection to the pending Report and Recommendation and therefore denied.

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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.

This action is DISMISSED WITHOUT PREJUDICE as malicious,
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

3.

Plaintiff’s Motion for the Court to Take Judicial Notice, ECF No. 5, is
DENIED.

4.

The clerk shall enter judgment accordingly and close this case.

DONE AND ORDERED this 2nd day of May 2017.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 3:17cv205/MCR/EMT