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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Page 1 of 1 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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