DAISE v. PURSELL et al

Filing 11

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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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DARREL DAISE, Inmate No. P23481, Plaintiff, vs. Case No. 3:17cv496/RV/EMT JOSEPH PURSELL and JONATHAN ROGERS, Defendants. ____________________________/ ORDER 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: 1. The chief magistrate judge’s Report and Recommendation is adopted and Page 2 of 2 incorporated by reference in this order. 2. 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 ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE Case No.: 3:17cv496/RV/EMT

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