AVERY v. FLORIDA DEPARTMENT OF CORRECTIONS et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
MARQUAVIOUS AVERY,
Plaintiff,
v. Case No. 5:25-cv-282-TKW-MJF
FLORIDA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 10) and Plaintiff’s objections (Doc. 11). The Court
reviewed the issues raised in the objections de novo under 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the
magistrate judge’s determination that this action under 42 U.S.C. §1983 should be
dismissed for failure to state a claim on which relief can be granted.
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
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2. This case is DISMISSED with prejudice under 28 U.S.C.
§§1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim on which relief can
be granted.
3. The Clerk shall enter judgment in accordance with this Order and close
the case file.
DONE AND ORDERED this 16th day of January, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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