NOLES v. GEVANTE

Filing 15

ORDER ADOPTING 11 REPORT AND RECOMMENDATION. The complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. This dismissal is deemed a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by JUDGE M CASEY RODGERS on 8/21/2018. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

LARRY MARSHALL NOLES,
Inmate No. 9991058837
Plaintiff,
v.

CASE NO. 3:18cv788/MCR/EMT

GIOVANNI GELANO, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated June 21, 2018. ECF No. 11. 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.

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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 pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)

for failure to state a claim upon which relief may be granted.
3.

This dismissal is deemed a “strike” for purposes of 28 U.S.C. § 1915(g).

DONE AND ORDERED this 21st day of August 2018.

s/

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:18cv788/MCR/EMT