BARNHILL v. JONES

Filing 63

ORDER ACCEPTING REPORT AND RECOMMENDATION. This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 57 , and has also reviewed de novo Plaintiff's objections to the report a nd recommendation, ECF No. 62 . Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. Defendant's Motion for Summary Judgment for mootness and failur e to state a claim, pursuant to 28 U.S.C. § 1915(e)(2), ECF No. 49 , is GRANTED and Plaintiff's request for injunctive relief is DENIED. The Clerk shall enter judgment stating, "Plaintiff' claims against Defendant are dismissed with prejudice." The Clerk shall also close the file. This case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by CHIEF JUDGE MARK E WALKER on 10/13/20. (blb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JAMIE RAYE BARNHILL
Plaintiff,
v.

Case No. 4:18cv564-MW/MAF

MARK S. INCH,
SEC’Y, FLORIDA DEP’T OF CORR.,
Defendant.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation, ECF No. 57, and has also reviewed de novo Plaintiff’s
objections to the report and recommendation, ECF No. 62. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff’s
objections, as this Court’s opinion. In so ruling, this Court recognizes Plaintiff’s
frustration. But, good or bad, Keohane v. Fla. Dep’t of Corr., Sec’y., 952 F.3d
1257 (11th Cir. 2020), is binding on this Court. See Martin v. Singletary, 965 F.2d
944, 945 n.1 (11th Cir. 1992) (holding that “the courts in this circuit” have a duty
to apply the binding precedent established by published opinions even before a
mandate issues).
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Defendant’s Motion for Summary Judgment for mootness and failure to state
a claim, pursuant to 28 U.S.C. § 1915(e)(2), ECF No. 49, is GRANTED and
Plaintiff’s request for injunctive relief is DENIED. The Clerk shall enter judgment
stating, “Plaintiff’s claims against Defendant are dismissed with prejudice.” The
Clerk shall also close the file. This case is dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).
SO ORDERED on October 13, 2020.
s/Mark E. Walker
Chief United States District Judge

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