TOLIVER v. LOGABO, et al

Filing 8

ORDER approving 5 Report and Recommendation. This case is dismissed for failure to state a claim. The dismissal of this case will count as a strike for purposes of 28 U.S.C. § 1915(g). The Clerk is directed to close this case. Signed by JUDGE RICHARD SMOAK on 1/29/15. (kgc)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
BILLY JOE TOLIVER, JR.,
Plaintiff,
v.

CASE NO. 5:14-cv-0353-RS-GRJ

JAMES LOGABO, et al.,
Defendants.
_____________________________________/
ORDER
Before me is the Magistrate Judge’s Report and Recommendation (Doc. 5). I have
reviewed the report and recommendation de novo. I have also reviewed Plaintiff’s
Objections (Doc. 7). The Objections do address the Magistrate Judge’s well-reasoned
conclusions that (1) there was no constitutional violation because adequate state remedies
exist for post-deprivation relief; and (2) the facts alleged to not amount to cruel and
unusual punishment.
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is approved and
incorporated in this Order.
2. This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for
failure to state a claim. The dismissal of this case will count as a strike
for purposes of 28 U.S.C. § 1915(g).
3. The Clerk is directed to close this case.

ORDERED on January 29, 2015.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE