PORTER v. JOHNSON et al

Filing 10

ORDER ACCEPTING 7 REPORT AND RECOMMENDATION - The Clerk shall enter judgment stating, "This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted." By his own admission, Plaintiff was only sentenced to 60 days of disciplinary confinement. It changes nothing that Plaintiff was subsequently placed in close management. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 10/3/2017. (vkm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ORTHIA T. PORTER, Plaintiff, v. WARDEN JOHNSON, et al., Case No. 4:17cv381-MW/CAS 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. 9. 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)(2)(B) for failure to state a claim upon which relief may be granted.” By his own admission, Plaintiff was only sentenced to 60 days of disciplinary confinement. It changes nothing that Plaintiff was subsequently placed in close management. The Clerk shall close the file. SO ORDERED on October 3, 2017. s/Mark E. Walker United States District Judge

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