CARTER v. MCNEAL et al

Filing 54

ORDER ADOPTING 53 REPORT AND RECOMMENDATION: 48 Motion for Summary Judgment is GRANTED in favor of Defendant LEE. Case DISMISSED as malicious pursuant to 28 U.S.C. §1915(e)(2)(B)(i) and constitutes a "strike" w/n meaning of 28 U.S.C. §1915(g). Signed by SENIOR JUDGE STEPHAN P MICKLE on 7/26/2011. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
CHRISTOPHER C. CARTER,
Plaintiff,
vs.

CASE NO.: 4:10-cv-34-SPM/WCS

LEE, et al.,
Defendants.
___________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the court upon the Magistrate Judge’s Report
and Recommendation (doc. 53), which recommends that the Motion for Summary
Judgment (doc. 48) be granted. The Parties have been furnished a copy and have
been afforded an opportunity to file objections pursuant to Title 28, United States
Code, Section 636(b)(1). No objections have been filed. Having considered the
Report and Recommendation, it is hereby ORDERED AND ADJUDGED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 53) is
adopted and incorporated by reference in this order.

2.

The Motion for Summary Judgment (doc. 48) is granted and judgment
shall be entered in favor of Defendant Lee.

3.

The Clerk of Court shall note on the docket that this cause was
dismissed as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and
thereby constitutes a “strike” within the meaning of 28 U.S.C.

§1915(g).
4.

The Clerk of Court is instructed to close this case.

DONE AND ORDERED this twenty-sixth day of July, 2011.

s/ Stephan P. Mickle

s/StephanP.Mickl

Stephan P. Mickle
Senior United States District Judge