JACKSON v. CREWS et al

Filing 51

ORDER ACCEPTING 47 REPORT AND RECOMMENDATION. Defendant's motion to tax costs, ECF No. 41 , is DENIED. Plaintiff's motion to strike Defendant's motion, ECF No. 43 , is DENIED. Signed by JUDGE MARK E WALKER on 8/22/2014. (pll)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

ELIJAH JACKSON,
Plaintiff,
v.

CASE NO. 4:13cv651-MW/CAS

MICHAEL D. CREWS. et al.,
Defendants.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered the Magistrate’s Report and Recommendation,
ECF No.47, filed August 5, 2014, and has also reviewed de novo Defendants'
objections to the report and recommendation, ECF No.50, filed August 15, 2014.
Accordingly
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Defendants'
objections, as this Court’s opinion with clarification. This Court does not condone
Plaintiff’s conduct in this case. With that said, contrary to Defendants’ assertion,
there are deterrents; namely, the three-strike rule. Moreover, this Court is not, as
Defendants suggest, denying all costs. Rather, this Court is denying “a” cost;
namely, the cost of removal. Defendants seek the cost associated with removal – a
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discretionary cost incurred only because Defendants elected to remove this case to
federal court.
Defendant's motion to tax costs, ECF No. 41, is DENIED. Plaintiff's
motion to strike Defendant's motion, ECF No. 43, is DENIED.
SO ORDERED on August 22, 2014.
s/Mark E. Walker
United States District Judge

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