FAILS v. MCCOLLUM

Filing 14

ORDER ADOPTING, 11 Report and Recommendation. This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious. Signed by SENIOR JUDGE LACEY A COLLIER on 3/26/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANTHONY FAILS, #201484, Plaintiff, vs. PAUL McCOLLUM, et al., Defendants. ___________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated February 12, 2009 (Doc. 11). Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed. Having considered the report and recommendation, and the timely filed objections thereto, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order. 2. This cause is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. Case No. 3:09cv7/LAC/EMT

§ 1915(e)(2)(B)(i) as malicious. DONE AND ORDERED this 26th day of March, 2009.

s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE