ROGERS v. TATE et al

Filing 10

ORDER ADOPTING 6 Report and Recommendation. This cause is DISMISSED WITHOUT PREJUDICE pursuant to U.S.C. § 1915(e)(2)(B)(i) as malicious and that Plaintiff be assessed a "strike under 28 U.S.C. § 1915(e). Signed by CHIEF JUDGE M CASEY RODGERS on 1/23/2018. (alb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JESSE ELIJAH ROGERS,
Inmate No. 590268959,
Plaintiff,
v.

CASE NO. 5:17cv270/MCR/EMT

JOHN TATE, KYLE HUDSON, and
HOLMES COUNTY BOARD OF
COUNTY COMMISSIONERS,
Defendants.
_________________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated December 20, 2017. 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). 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.

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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.
2.

This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28

U.S.C. § 1915(e)(2)(B)(i) as malicious and that Plaintiff be assessed a “strike” under
28 U.S.C. § 1915(e).
DONE AND ORDERED this 23rd day of January 2018.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 5:17cv270/MCR/EMT