WHITLOW v. SUGGS

Filing 5

ORDER ADOPTING 3 Report and Recommendation. This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2(B)(i) as malicious. Signed by CHIEF JUDGE M CASEY RODGERS on 10/31/2017. (alb)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION WILLIAM ALLEN WHITLOW, Inmate No. 513215, Plaintiff, v. CASE NO. 3:17cv710/MCR/EMT SERGEANT SUGGS, et al., Defendants. _________________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated October 19, 2017. ECF No. 3. 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 any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Page 2 of 2 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 cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious. DONE AND ORDERED this 31st day of October 2017. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:17cv710/MCR/EMT

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