GRAY v. KINSEY

Filing 5

ORDER ADOPTING 4 Report and Recommendation. - This cause is Dismissed Without Prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) and the clerk is directed to close the file. - - Signed by SENIOR JUDGE LACEY A COLLIER on September 28, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LARRY CORNELL GRAY, Plaintiff, vs. JUDGE PATRICIA KINSEY, Defendant. ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated August 25, 2009. The 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). No objections have been filed. Having considered the report and recommendation, 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 CASE NO.: 3:09cv324/LAC/MD

incorporated by reference in this order. 2. This cause is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. §

1915(e)(2)(B)(ii) and the clerk is directed to close the file. DONE AND ORDERED this 28th day of September, 2009.

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