WAY v. BURCH et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
CURTIS ANTONIO WAY,
DOC # 283331,
Plaintiff,
v. 	Case No. 4:25-cv-243-MCR-MAF
SGT. S. BURCH and
OFFICER ERIK D. HOWARD,
Defendant.
_________________________________/
ORDER
The Magistrate Judge issued a Report and Recommendation dated May 28,
2025. 	See ECF No. 3. 	The parties have been furnished a copy of the Report and
Recommendation and have 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 the Report and Recommendation should be
adopted.
Accordingly, it is now ORDERED as follows:
1. 	The Magistrate Judge’s Report and Recommendation, ECF No. 3, is
adopted and incorporated by reference in this Order.
Case 4:25-cv-00243-MCR-MAF Document 5 Filed 12/02/25 Page 1 of 2

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Case No. 4:25-cv-243-MCR-MAF
2. 	This case is DISMISSED without prejudice pursuant to 28 U.S.C. §
1915(g) based on Plaintiff’s failure to demonstrate that he faces imminent danger of
serious physical injury or pay the filing fee. 	Plaintiff may refile the action if he
simultaneously submits the $405.00 filing fee.
3. 	The Clerk is directed to close this case file.
DONE AND ORDERED this 2nd day of December 2025.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
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