DAISE v. PURSELL et al
ORDER adopting Chief Magistrate Judge's 8 REPORT AND RECOMMENDATION. This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious and that Plaintiff be assessed a "strike" under 28 U.S.C. § 1915(e). Signed by SENIOR JUDGE ROGER VINSON on 11/07/2017. (MB)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
Inmate No. P23481,
Case No. 3:17cv496/RV/EMT
JOSEPH PURSELL and
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated October 17, 2017 (ECF No. 8). 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. 9), I have determined that the Report and Recommendation
should be adopted. The plaintiff was aware that a complaint was prepared and about
to be filed. It should have been mentioned.
Accordingly, it is now ORDERED as follows:
The chief magistrate judge’s Report and Recommendation is adopted and
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incorporated by reference in this order.
This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1915(e)(2)(B)(i) as malicious and that Plaintiff be assessed a “strike” under
28 U.S.C. § 1915(e).
DONE AND ORDERED this 7th day of November, 2017.
/s/ Roger Vinson
SENIOR UNITED STATES DISTRICT JUDGE
Case No.: 3:17cv496/RV/EMT
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