Quarterman v. Churchwell

Filing 24

ORDER ADOPTING 15 Supplemental Report and Recommendations of Magistrate Judge; DISMISSING 11 Plaintiff's Amended Complaint; and DENYING 13 Plaintiff's Motion to Vacate. Signed by Judge Joan A. Lenard on 5/28/2009. (lc1)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-23353-CIV-LENARD/WHITE D O N N E L L QUARTERMAN, P l a in tif f , vs. W A R D E N W.S. CHURCHWELL, Defendant. ________________________________/ O R D E R ADOPTING SUPPLEMENTAL REPORT OF MAGISTRATE JUDGE (D .E . 15), DENYING PLAINTIFF'S MOTION TO VACATE (D.E. 13), AND DISMISSING PLAINTIFF'S SUPPLEMENTAL OR AMENDED C O M P L A I N T (D.E. 11) T H I S CAUSE is before the Court on the Supplemental Report and Recommendation o f the Magistrate Judge ("Report," D.E. 15), issued on March 12, 2009. On May 4, 2009, P la in tif f filed his Objections to the Magistrate Judge's Report ("Objections," D.E. 23). The R ep o rt recommends denial of Plaintiff's Motion to Vacate (D.E. 13) because Plaintiff's a ll e g a ti o n s that "corrections officers are using GPS satellite to monitor his thoughts is o b v io u s ly so implausible and fantastic to be patently frivolous" and does not raise any ex trao rdin a ry circumstances or demonstrate any immediate danger to the Plaintiff. (Report a t 4-5.) The Report further recommends that Plaintiff's "Notice of Confinement Treatment a n d Newly Discovered Evidence" (D.E. 11) be construed as a supplemental or amended c o m p la in t and dismissed. Plaintiff's Objections are without merit. After an independent re v ie w of the Report, the Objections, and the record, it is hereby: O R D E R E D AND ADJUDGED that:

1. 2. 3.

T h e Report of the Magistrate Judge (D.E. 15) is ADOPTED. P la in t if f ' s Motion to Vacate (D.E. 13) is DENIED. P la in tif f ' s "Notice of Confinement Treatment and Newly Discovered E v id e n c e " (D.E. 11), construed as a supplemental or amended complaint, is D IS M IS S E D .

D O N E AND ORDERED in Chambers at Miami, Florida this 28th day of May, 2009.

___________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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