PAYNE v. ASHLEY
| FERNANDO D PAYNE |
| LARRY R ASHLEY, PAUL E LAWSON, STEFAN W VAUGHN, JOSEPH FOLEY and PATRICK HANRATTY |
| 3:2015cv00462 |
| October 20, 2015 |
| US District Court for the Northern District of Florida |
| Pensacola Office |
| Okaloosa |
| LACEY A COLLIER |
| CHARLES J KAHN |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
33
ORDER adopting the magistrate judge's 32 Report and Recommendation. Plaintiff's overcrowding/unsanitary conditions-of-confinement claim against defendants Lawson, Hanratty, Foley and Vaughn are DISMISSED WITHOUT PREJ UDICE for plaintiff's failure to comply with an order of the court. The clerk shall enter judgment accordingly and according to the Court's January 5, 2017 Order (doc. 27 ), which dismissed with prejudice plaintiff's First Amendmen t claims against defendants Hanratty, Foley and Vaughn under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted, and which also dismissed with prejudice plaintiff's claims against defendant Matthews under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted. The clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 5/4/2017. (djb)
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Filing
27
ORDER adopting the magistrate judge's 26 Report and Recommendation. Plaintiff's First Amendment claims against defendants Hanratty, Foley and Vaughn are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)( ii), for failure to state a claim on which relief may be granted. Plaintiff's claims against defendant Matthews are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted. This case is remanded to the magistrate for further proceedings. Signed by SENIOR JUDGE LACEY A COLLIER on 1/5/2017. (djb)
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