FAILS v. SIMON

Filing 8

ORDER ADOPTING 5 Order, Report and Recommendation. - - The plaintiff's case is dismissed without prejudice to its refiling accompanied by the payment of the full $350.00 filing fee. - - Signed by SENIOR JUDGE ROGER VINSON on December 30, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANTHONY FAILS, Plaintiff, vs. JOHN SIMON, STEVEN PETRI, and JUDGE NICHOLAS GEEKER, Defendants. ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 4, 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), and I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. 2. The magistrate judge's report and recommendation is adopted and The plaintiff's case is dismissed without prejudice to its refiling incorporated by reference in this order. accompanied by the payment of the full $350.00 filing fee. DONE AND ORDERED this 30th day of December, 2009. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE CASE NO.: 3:09cv525RV/MD