MOCTEZUMA v. TALLAHASSHEE FCI et al

Filing 9

ORDER ACCEPTING 7 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "This case is DISMISSED pursuant to 28 U.S.C. § 1915(e) as frivolous." This Court notes this case only pertains to the inju ry Plaintiff allegedly received while an inmate at FCI Tallahassee in 2012. It may be that Plaintiff has a basis to file a claim against another entity in Florida or in another jurisdiction but this case involving a back injury is barred by the statute of limitations and is dismissed as frivolous. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 1/24/2017. (tdl)

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

Case No. 4:17cv14-MW/GRJ

TALLAHASSEE FCI, et al.,
Defendants.
___________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation, ECF No. 7, and has also reviewed de novo Plaintiff’s
objections to the report and recommendation, ECF No. 8. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections, as this Court’s opinion. The Clerk shall enter judgment stating, “This
case is DISMISSED pursuant to 28 U.S.C. § 1915(e) as frivolous.” This Court
notes this case only pertains to the injury Plaintiff allegedly received while an
inmate at FCI Tallahassee in 2012. It may be that Plaintiff has a basis to file a
claim against another entity in Florida or in another jurisdiction but this case

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involving a back injury is barred by the statute of limitations and is dismissed as
frivolous. The Clerk shall close the file.
SO ORDERED on January 24, 2017.
s/Mark E. Walker
____
United States District Judge

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