PARKER v. DONOWAY et al
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION re: 3 Report and Recommendation. This case should be DISMISSED without prejudice as malicious for abuse of the judicial process. The dismissal of this case as malicious should operate as a "strike" pursuant to 28 USC §1915(g). Signed by JUDGE MARK E WALKER on 7/26/17. (bkp)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
Case No. 1:17cv112-MW/GRJ
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 3. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The Clerk shall enter judgment stating, “This case is DISMISSED
without prejudice as malicious for abuse of the judicial process. The dismissal of
this case as malicious shall operate as a “strike” pursuant to 28 U.S.C. § 1915(g).
If Plaintiff accumulates three strikes, he will be prohibited from proceeding as a
pauper in a civil case while he is incarcerated unless he can demonstrate that he
satisfies the “imminent danger” exception to the three-strikes bar.” The Clerk shall
close the file.
SO ORDERED on July 26, 2017.
s/Mark E. Walker
United States District Judge
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