DANIELS v. MCNEIL

Filing 19

ORDER accepting 17 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 10/21/2011. This cause is DISMISSED WITHOUT PREJUDICE for abuse of the judicial process. The dismissal of this case should count as a strike pursuant to 28 U.S.C § 1915(g). (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
RONNIE WAYNE DANIELS,
Plaintiff,
v.

CASE NO. 1:10-cv-00222-MP-GRJ

EDWIN G BUSS, WALTER A MCNEIL,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 17, Report and Recommendation of the
Magistrate Judge, recommending that this case be dismissed for abuse of the judicial process.
The plaintiff filed objections, Doc. 18, and the Court has made a de novo determination of those
portions of the Report and Recommendation to which objection was made. 28 U.S.C. §
636(b)(1)(C). Upon consideration, the Court agrees with the Magistrate Judge that the plaintiff
failed to truthfully fill out the complaint form when he declined to list two previous federal
cases. The Court also finds not credible the explanations given by the plaintiff that he forgot
these prior cases. Accordingly, it is hereby
ORDERED AND ADJUDGED:
The Report and Recommendation of the Magistrate Judge is accepted and incorporated
herein. This cause is DISMISSED WITHOUT PREJUDICE for abuse of the judicial
process. The dismissal of this case should count as a strike pursuant to 28 U.S.C §
1915(g).
DONE AND ORDERED this 21st day of October, 2011

s/Maurice M. Paul

Maurice M. Paul, Senior District Judge