BOATMAN v. JOHN DOE, et al

Filing 9

ORDER REJECTING REPORT AND RECOMMENDATION 4 Report and Recommendation. Signed by CHIEF JUDGE STEPHAN P MICKLE on 1/08/2010. The clerk shall refer this case to the magistrate judge for further proceedings. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION RAYVON BOATMAN, Plaintiff, v. JOHN DOE, DIRECTOR OF DEPARTMENT OF CHILDREN et al., Defendants. ________________________________/ ORDER THIS CAUSE comes before the court on the magistrate judge's report and recommendation dated April 21, 2009 (doc. 4). Plaintiff has filed an objection (doc. 7) pursuant to Title 28, United States Code, Section 636(b)(1). I have determined that the report and recommendation should not be adopted because the Prison Litigation Reform Act of 1995 does not apply to Plaintiff. See Troville v. Venz, 303 F.3d 1256 (11th Cir. 2002) (a civil detainee is not a "prisoner" for purposes of 28 U.S.C. § 1915). Accordingly, it is ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation (doc. 4) will not be adopted. The clerk shall refer this case to the magistrate judge for further CASE NO. 4:09cv55-SPM/AK

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proceedings. DONE AND ORDERED this 8th day of January, 2010.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 4:09cv55-SPM/AK