*1 IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION BOBBY LEE FAIR, JR.,
Plaintiff, v. CASE NO. 5:13-cv-180-RS-EMT JUDGE MICHAEL C. OVERSTREET,
Defendant.
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ORDER
Before me is the Magistrate Judge’s Report and Recommendation (Doc. 6) and Plaintiff’s Request to Reconsider Recommendation to Dismiss (Doc. 8). I have reviewed Plaintiff’s objections de novo . I note that this action must be dismissed for two reasons: first, even if there were a statutory right to have competence determined by a jury, judicial immunity protects Defendant from suit; second, in Florida, competence to proceed is determined by a judge. Fla. R. Crim. P. 3.212.
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is
approved and incorporated in this Order. 2. This action is DISMISSED with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B).
3. The Clerk is directed to close the case.
ORDERED on June 26, 2013.
/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE