IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

KADEEM CORDELL DEBOSE,

Plaintiff,

v. Case No. 1:23-cv-42-AW-HTC

DETECTIVE NANCY MORZOUCK, ALACHUA COUNTY SHERIFF WARRANT PERSONNEL,

Defendants.

_______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff Kadeem Cordell Debose is an inmate proceeding pro se and in forma pauperis. The magistrate judge issued a June 20, 2023 report and recommendation concluding that this case should be dismissed for failure to state a claim under

(e) and 1915A(b). ECF No. 15. I have considered that report and recommendation and have considered de novo the issues raised in Debose’s objection, ECF No. 17. I agree with the magistrate judge. I adopt the report and recommendation and incorporate it into this order. I note further that where collateral estoppel bars the claim, this warrants dismissal “[e]ven if the complaint legally states a claim.” Clark v. State of Ga. Pardons & Parole Bd.,

, 641 & n.2 (11th Cir. 1990); see also

(“[I]f the district court sees that an affirmative defense would defeat the action, a section 1915(d) dismissal is allowed.” (citing older version of statute)). Debose’s objections (ECF No. 17) are OVERRULED.

The clerk will enter a judgment that says, “This case is dismissed under

(e)(2)(B)(ii) and 1915A(b)(1).” The clerk will then close the file. SO ORDERED on August 18, 2023.

s/ Allen Winsor United States District Judge