EVANS v. NICHOLS

Filing 36

ORDER ADOPTING 35 REPORT AND RECOMMENDATION. Defendant T. Nichols' motion to dismiss (doc. 28 ) is GRANTED and plaintiff's Eighth Amendment claim against Nichols is DISMISSED WITHOUT PREJUDICE. The clerk is directed to close the file. Signed by SENIOR JUDGE ROGER VINSON on 7/18/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
SAM EVANS,
Plaintiff,
v.

Case No. 5:15cv46-RV-CJK

T. NICHOLS,
Defendant.
__________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated June 15, 2017 (doc. 35).

The parties have been

furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that
the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

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2.

Defendant T. Nichols’ motion to dismiss (doc. 28) is GRANTED and

plaintiff’s Eighth Amendment claim against Nichols is DISMISSED WITHOUT
PREJUDICE.
3.

The clerk is directed to close the file.

DONE AND ORDERED this 18th day of July, 2017.

/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 5:15cv46-RV-CJK