RAGER v. AUGUSTINE

Filing 189

ORDER ADOPTING 178 REPORT AND RECOMMENDATION; granting 162 Motion for Summary Judgment. The Clerk shall enter judgment stating, "The amended motion for summary judgment filed by Defendants Malone, Simmons, and Watts, ECF N o. 162 , is GRANTED. Plaintiff's claims against Defendant Augustine are DISMISSED with prejudice for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A. Judgment is entered in favor of all Defendants.' The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 12/28/2017. (jcw)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DONALD W. RAGER, Plaintiff, v. Case No. 5:15cv35-MW/EMT WARDEN PAIGE AUGUSTINE, et al., Defendants. ___________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 178, and has also reviewed de novo Plaintiff’s objections to the report and recommendation, ECF No. 187. 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, “The amended motion for summary judgment filed by Defendants Malone, Simmons, and Watts, ECF No. 162, is GRANTED. Plaintiff’s claims against Defendant Augustine are DISMISSED with prejudice for failure to state a claim upon which 1 relief may be granted, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A. Judgment is entered in favor of all Defendants.” The Clerk shall close the file. SO ORDERED on December 28, 2017. s/ MARK E. WALKER United States District Judge 2

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