*1 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

MAURICE E. WALKER,

Inmate No. L46404

Plaintiff, vs. Case No.: 3:16cv610/RV/EMT INMATE MAGAZINE SERVICE, INC.,

Defendant.

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O R D E R

This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated December 5, 2017 (ECF No. 10). 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 all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.

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.

Page 2 of 2 2. The complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.

3. This dismissal should be deemed a “strike” for purposes of 28 U.S.C.

§ 1915(g).

DONE AND ORDERED this 9 th day of January 2018.

/s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE Case No.: 3:16cv610/RV/EMT