SCHOBERT v. SWEATT et al.

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATION. Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT PREJUDICE to Plaintiff's initiating a new cause of action accompanied by payment of the $400.00 filing fee in its entirety. Signed by CHIEF JUDGE M CASEY RODGERS on 5/4/2017. (sdw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JIMMY BRIAN SCHOBERT,
Inmate No. C-240043,
Plaintiff,
vs.

Case No.: 5:17cv69/MCR/EMT

OFFICER SWEATT
and OFFICER LAVETTE,
Defendants,
_________________________________/
ORDER
This cause comes before the Court on consideration of the Chief Magistrate
Judge’s Report and Recommendation dated April 4, 2017 (ECF No. 3). 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). The Court has made a de novo determination of any timely filed
objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, the Court has 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

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and incorporated by reference in this order.
2.

Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT

PREJUDICE to Plaintiff’s initiating a new cause of action accompanied by payment
of the $400.00 filing fee in its entirety.
DONE AND ORDERED this 4th day of May 2017.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 5:17cv69/MCR/EMT