JOHNSON v MONACO et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION granting 11 Report and Recommendation. Case DISMISSED with prejudice as frivolous and barred by absolute judicial immunity. Clerk to reference case in records listing FRANK C JOHNSON JR as an abusive filier. Signed by SENIOR JUDGE MAURICE M PAUL on 12/22/2008. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION FRANK C. JOHNSON, JR., and RUTH B. JOHNSON, Plaintiffs, v. HONORABLE TOBY S. MONACO, et al., Defendants. ___________________________________/ ORDER This matter is before the Court on Doc. 11, Report and Recommendation of the Magistrate Judge, which recommends that Plaintiffs' complaint, Doc. 1, be dismissed as frivolous and as barred by absolute judicial immunity. The Magistrate filed the Report on Wednesday, December 17, 2008. The Plaintiffs have been furnished a copy of the Report and have filed at Doc. 12 an objection to the Report. Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo review of those portions of the Report to which an objection has been made. Upon consideration of the Report and the objection thereto, the Court agrees with the Magistrate that Plaintiffs' complaint is frivolous and barred by absolute judicial immunity. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge, Doc. 11, is ADOPTED and incorporated herein. Plaintiffs' complaint, Doc. 1, is DISMISSED with prejudice as frivolous and as barred by absolute judicial immunity. CASE NO. 1:08-cv-00243-MP-AK

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3.

The Clerk is directed to reference this case in the records listing FRANK C. JOHNSON, JR. as an abusive filer. 22nd day of December, 2008

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:08-cv-00243-MP-AK