Summary
noting that this Court has a duty to apply binding precedent established by published opinions of the Eleventh Circuit
Summary of this case from Baptist Coll. of Fla., Inc. v. Church Mut. Ins. Co.Opinion
Case No. 4:18cv564-MW/MAF
10-13-2020
JAMIE RAYE BARNHILL Plaintiff, v. MARK S. INCH, SEC'Y, FLORIDA DEP'T OF CORR., Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 57, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 62. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. In so ruling, this Court recognizes Plaintiff's frustration. But, good or bad, Keohane v. Fla. Dep't of Corr., Sec'y., 952 F.3d 1257 (11th Cir. 2020), is binding on this Court. See Martin v. Singletary, 965 F.2d 944, 945 n.1 (11th Cir. 1992) (holding that "the courts in this circuit" have a duty to apply the binding precedent established by published opinions even before a mandate issues).
Defendant's Motion for Summary Judgment for mootness and failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2), ECF No. 49, is GRANTED and Plaintiff's request for injunctive relief is DENIED. The Clerk shall enter judgment stating, "Plaintiff's claims against Defendant are dismissed with prejudice." The Clerk shall also close the file. This case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
SO ORDERED on October 13, 2020.
s/ Mark E. Walker
Chief United States District Judge