MITCHELL v. BERRY et al
Filing
12
ORDER adopting the chief magistrate judge's 6 Report and Recommendation. The complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. All pending motions are denied as moot. Signed by SENIOR JUDGE LACEY A COLLIER on 2/14/2018. (djb)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ERIC MITCHELL,
Plaintiff,
vs.
Case No.: 3:17cv962/LAC/EMT
MARANDA BERRY, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated January 18, 2018 (ECF No. 6). 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 considered Plaintiff’s Motion Fo[r] Reconsideration as timely filed
objections and have made a de novo determination of the objections.
Having considered the Report and Recommendation, and the objections
thereto, I have 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.
The complaint is DISMISSED without prejudice pursuant to 28 U.S.C.
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§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
3.
All pending motions are denied as moot.
DONE AND ORDERED this 14th day of February, 2018.
s/L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No.: 3:17cv962/LAC/EMT
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