WARNER v. DEPARTMENT OF CORRECTIONS

Filing 22

ORDER ADOPTING the magistrate judge's 20 REPORT AND RECOMMENDATION. This cause is DISMISSED WITHOUT PREJUDICE as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(1) for plaintiff's abuse of the judicial process. All pending motions are DENIED as moot. The clerk is directed to close the file. Signed by SENIOR JUDGE ROGER VINSON on 7/20/2010. (djb)

WARNER v. DEPARTMENT OF CORRECTIONS

Doc. 22

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARTIN WARNER, Plaintiff, vs. DEPARTMENT OF CORRECTIONS, et al., Defendants. ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated July 1, 2010. 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. 3. 4. The magistrate judge's report and recommendation is adopted and This cause is DISMISSED WITHOUT PREJUDICE as malicious pursuant All pending motions are DENIED as moot. The clerk is directed to close the file. incorporated by reference in this order. to 28 U.S.C. § 1915(e)(2)(B)(1) for plaintiff's abuse of the judicial process. CASE NO.: 3:10cv46/RV/MD

DONE AND ORDERED this 20th day of July, 2010. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE

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