FENELUS v. GENT et al

Filing 8

ORDER ADOPTING the Chief Magistrate Judges 7 Report and Recommendation. It is recommended this case be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1) as malicious, and Plaintiff is assessed a strike under 28 U.S.C. § 1915(g). Signed by CHIEF JUDGE M CASEY RODGERS on 11/21/2017. (alb)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHRISTOPHER FENELUS, Inmate No. M20279, Plaintiff, v. Case No.: 3:17cv642/MCR/EMT SERGEANT B. GENT, et al., Defendants. _________________________________/ ORDER This matter is before the Court on the Chief Magistrate Judge’s Report and Recommendation dated October 19, 2017 (ECF No. 7). 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). No timely objections have been filed. Having considered the Report and Recommendation, and the record, the Court has determined that the Report and Recommendation should be adopted. 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 case is DISMISSED WITHOUT PREJUDICE pursuant to 28 Page 2 of 2 U.S.C. § 1915A(b)(1) as malicious, and Plaintiff is assessed a “strike” under 28 U.S.C. § 1915(g). The Clerk is directed to close the file. DONE AND ORDERED this 21st day of November 2017. M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No.: 3:17cv642/MCR/EMT

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