VANDERFORD v. MCNEIL

Filing 22

ORDER adopting 21 Report and Recommendation. This case is DISMISSED WITHOUT PREJUDICE as malicious pursuant to 28 U.S.C. § 1915(e)(3)(B)(I) for pla's abuse of the judicial process. All pending motions are DENIED as moot. The 4 motion for temporary restraining order is DENIED. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on September 29, 2011. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
PERRY GENE VANDERFORD,
Plaintiff,
vs.

Case No. 3:10cv491/LAC/CJK

WALTER MCNEIL, et al.,
Defendants.
________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated August 31, 2011. (Doc. 21). The parties have been furnished
a copy of the Report and Recommendation and have 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 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 case is DISMISSED WITHOUT PREJUDICE as malicious

pursuant to 28 U.S.C. § 1915(e)(3)(B)(I) for plaintiff’s abuse of the judicial process.
3.

All pending motions are DENIED as moot.

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4.

The motion for temporary restraining order (doc. 4) is DENIED.

5.

The clerk is directed to close the file.

DONE AND ORDERED this 29th day of September, 2011.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:10cv491/LAC/CJK