CRUMITY v. MIKE'S BEER BARN

Filing 10

ORDER ON REPORT AND RECOMMENDATION; adopting 8 Report and Recommendations. Signed by SENIOR JUDGE STEPHAN P MICKLE on 7/26/2011. Plaintiffs complaint is hereby dismissed for failure to state a claim upon which relief can be gra nted pursuant to 28 U.S.C. § 1915(e)(2). The Clerk of Court shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and thereby constitutes a strike within the meaning of 28 U.S.C. §1915(g). (kdm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
REGINALD K. CRUMITY,
Plaintiff,
vs.

Case No. 4:11cv252-SPM/WCS

MIKE’S BEER BARN, et al.,
Defendants.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court upon the Magistrate Judge’s Report
and Recommendation (doc. 8). Plaintiff was furnished a copy and has filed an
objection (doc. 9). Pursuant to Title 28, United States Code, Section 636(b)(1),
this Court has made a de novo determination of those portions to which an
objection has been made. Despite Plaintiff’s objection, this Court finds that the
Report and Recommendation is legally accurate and should be adopted.
Accordingly, it is ORDERED AND ADJUDGED:
1.

The Magistrate Judge’s Report and Recommendation (doc. 8) is
adopted and incorporated by reference into this order.

2.

Plaintiff’s complaint is hereby dismissed for failure to state a claim upon
which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2).

Case3.

The Clerk of Court shall note on the docket that this cause was

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dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and thereby
constitutes a “strike” within the meaning of 28 U.S.C. §1915(g).
DONE AND ORDERED this twenty-sixth day of July, 2011.

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