BARNISHIN v. MEGGS et al

Filing 18

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The 13 report and recommendation is accepted and adopted, over the objections of Plaintiff, as this Court's opinion. The Clerk shall enter judgment stating, "The motions for leave to proceed as a pauper are DENIED. ECF Nos. 2 and 10 . Plaintiff's first amended complaint, ECF No. 12 , is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous and for lack of subject matter jurisdiction. Because Plaintiff is subject to the requirements of the Prison Litigation Reform Act, this dismissal operates as a "strike" pursuant to 28 U.S.C. § 1915(g)." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 4/14/2017. (cle)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MICHAEL BARNISHIN,
Plaintiff,
v.

Case No. 4:16cv719-MW/GRJ

WILLIAM N. MEGGS, et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation, ECF No. 13, and has reviewed de novo the Plaintiff’s
objections. ECF No. 16. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over the objections
of Plaintiff, as this Court’s opinion. The Clerk shall enter judgment stating, “The
motions for leave to proceed as a pauper are DENIED. ECF Nos. 2 and 10.
Plaintiff’s first amended complaint, ECF No. 12, is DISMISSED pursuant to 28
U.S.C. § 1915(e)(2)(B)(i) as frivolous and for lack of subject matter jurisdiction.
Because Plaintiff is subject to the requirements of the Prison Litigation Reform Act,

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this dismissal operates as a “strike” pursuant to 28 U.S.C. § 1915(g).” The Clerk
shall close the file.
SO ORDERED on April 14, 2017.
s/Mark E. Walker
____
United States District Judge

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