GONZALEZ v. ARCHER et al

Filing 7

ORDER adopting Chief Magistrate Judge's 6 REPORT AND RECOMMENDATION. The complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. This dismissal should be deemed a strike for purposes of 28 U.S.C. § 1915(g). Signed by SENIOR JUDGE LACEY A COLLIER on 01/11/2017. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
GABRIEL GONZALEZ,
Fed. Reg. No. 30515-112
Plaintiff,
vs.

Case No.: 5:16cv34/LAC/EMT

KENDES ARCHER, M.D., et al,
Defendants.
___________________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated December 12, 2016 (ECF No. 6). Plaintiff has been
furnished a copy of the Report and Recommendation and has 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 chief magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

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2.

The complaint is DISMISSED without prejudice pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
3.

This dismissal should be deemed a “strike” for purposes of 28 U.S.C. §

1915(g).
DONE AND ORDERED this 11th day of January, 2017.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

C ase No .: 5 :1 6cv3 4/L AC/E M T