SMITH v. STATE OF FLORIDA et al

Filing 15

ORDER ADOPTING THE MAGISTRATE JUDGE'S 11 REPORT AND RECOMMENDATION - The plaintiff's complaint and this action are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(g). The clerk shall enter judgment statin g: "This action is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g)." The Clerk of Court shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(g). (1915_g Flag Set). Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/6/17. (ckm)

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

DAVID LEE SMITH,
Plaintiff,
v.

4:17cv416–WS/CAS

STATE OF FLORIDA, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
11) docketed October 5, 2017. The magistrate judge recommends that the
plaintiff's case be dismissed pursuant to the three-strikes provision of 28 U.S.C. §
1915(g). The plaintiff has filed no objections to the magistrate judge’s report and
recommendation.
Having reviewed the magistrate judge’s report and recommendation, this
court has determined that the magistrate judge's report and recommendation should
be adopted. Accordingly, it is ORDERED:

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1. The magistrate judge's report and recommendation (doc. 11) is hereby
ADOPTED and incorporated by reference into this order.
2. The plaintiff’s complaint and this action are DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1915(g).
3. The clerk shall enter judgment stating: “This action is dismissed without
prejudice pursuant to 28 U.S.C. § 1915(g).”
4. The Clerk of Court shall note on the docket that this case was dismissed
pursuant to 28 U.S.C. § 1915(g).
DONE AND ORDERED this

6th

day of

November

, 2017.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE