ROGERS v. TATE

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION. This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)for failure to state a claim upon which relief may be granted. The dismissal of this case operates as a strike pursuant to 28 U.S.C. § 1915(g). The clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 7/10/2017. (alb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JESSE ELIJAH ROGERS,
Plaintiff,
v.

CASE NO. 5:17cv161-MCR-GRJ

SHERIFF JOHN TATE,
Defendant.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report
and Recommendation dated June 21, 2017. ECF No. 5. The parties have been
afforded an opportunity to file objections pursuant to Title 28, United States Code,
Section 636(b)(1). I have made a de novo determination of any timely filed
objections.
Having considered the Report and Recommendation, and any objections
thereto timely filed, 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.

This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)

for failure to state a claim upon which relief may be granted. The dismissal of this
case operates as a “strike” pursuant to 28 U.S.C. § 1915(g).
3.

The clerk is directed to close the file.

DONE AND ORDERED this 10th day of July, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 5:17cv161-MCR-GRJ