MCFARLANE v. WELLS
Filing
10
ORDER adopting 8 Report and Recommendation. This action is DISMISSED WITHOUT PREJUDICE as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) for pla's abuse of the judicial process and the clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on July 12, 2011. (kvg)
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MILTON E. MCFARLANE,
Plaintiff,
v.
Case No. 3:10cv521/MCR/CJK
CORRECTION OFFICER WELLS,
Defendant.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated June 24, 2011 (doc. 8). 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 any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, 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 action is DISMISSED WITHOUT PREJUDICE as malicious pursuant to
28 U.S.C. § 1915(e)(2)(B)(i) for plaintiff’s abuse of the judicial process and the clerk is
directed to close the file.
DONE AND ORDERED this 12th day of July, 2011.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
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