SANMANN v. UNITED STATES GOVERNMENT

Filing 29

ORDER adopting 28 Report and Recommendation. Dfts' 22 motion for summary judgment is GRANTED. The Clerk is directed to enter summary final judgment in favor of the Dft. The court finds that the case was frivolous and malicious, as Pla lacked any evidentiary support for his claim, and the Clerk is directed to impose a "strike." See 28 U.S.C. § 1915(e)(2)(B)(i),(g). Signed by CHIEF JUDGE M CASEY RODGERS on July 11, 2011. (kvg)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
CHARLES C. SANMANN,
Plaintiff,
v.

Case No.: 4:10cv86/MCR/WCS

UNITED STATES GOVERNMENT,
Defendant.
_________________________________/

ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated June 8, 2011 (doc. 28). The parties have been furnished a copy
of the Report and Recommendation 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 and the record, I have
determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation (doc. 28) is adopted

and incorporated by reference in this order.
2.

Defendants’ motion for summary judgment (doc. 22) is GRANTED.

3.

The Clerk is directed to enter summary final judgment in favor of the

Defendant.
4.

The court finds that the case was frivolous and malicious, as Plaintiff lacked

Page 2 of 2

any evidentiary support for his claim, and the Clerk is directed to impose a “strike.” See
28 U.S.C. § 1915(e)(2)(B)(i), (g).
DONE AND ORDERED this 11th day of July, 2011.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 4:10cv86/MCR/WCS