KELLAR v. WEST et al

Filing 9

ORDER ACCEPTING 8 REPORT AND RECOMMENDATION - Plaintiff's 1 Complaint is dismissed without prejudice pursuant to 28 U.S.C. Section 1915A and 3 Motion for Leave to Proceed in forma pauperis and 6 Motion to Amend/Correct, both filed by RAYL LYNN KELLAR are terminated; signed by SENIOR JUDGE MAURICE M PAUL on 9/23/11. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
RAYL LYNN KELLAR,
Plaintiff,
v.

CASE NO. 1:11-cv-00059-MP-GRJ

L CARRERO, CORRECTIONAL MEDICAL AUTHORITY, J GONZALEZ, C L WEST, JR, R
WOLF,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 8, Report and Recommendation of the Magistrate
Judge, which recommends that plaintiff’s complaint, Doc. 1, be dismissed without prejudice,
pursuant to 28 U.S.C. § 1915A, for abuse of the judicial process. Plaintiff has not objected to the
recommendation, and the time for doing so has passed. Finding no plain error, it is accordingly
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge, Doc. 5, is ACCEPTED
and incorporated herein.

2.

Plaintiff’s complaint, Doc. 1, is DISMISSED without prejudice, pursuant to 28
U.S.C § 1915A.

3.

The dismissal of this case shall count as a strike pursuant to 28 U.S.C § 1915(g).

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4.

The Clerk is directed to TERMINATE plaintiff’s motion for leave to proceed in
forma pauperis, Doc. 3, and motion to amend complaint and demand for jury
trial, Doc. 6.

DONE AND ORDERED this

23rd day of September, 2011

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

Case No: 1:11-cv-00059-MP-GRJ