STEPHENSON v. ELLIS

Filing 9

ORDER adopting 7 Report and Recommendation. This case is DISMISSED WITHOUT PREJUDICE as malicious under 28 U.S.C. § 1915(e)(2)(B)(i) for plaintiff's abuse of the judicial process. The clerk is directed to close the file. Set 1915_i flag. Signed by SENIOR JUDGE ROGER VINSON on November 26, 2012. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CLARENCE FRANK STEPHENSON,
Plaintiff,
vs.

Case No. 3:11cv455/RV/CJK

D. ELLIS, et al.,
Defendants.
________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated October 31, 2012. (Doc. 7). 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 (doc. 8), 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.

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2.

This case is DISMISSED WITHOUT PREJUDICE as malicious under

28 U.S.C. § 1915(e)(2)(B)(i) for plaintiff’s abuse of the judicial process.
3.

The clerk is directed to close the file.

DONE AND ORDERED this 26th day of November, 2012.

/s/ Roger Vinson
ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:11cv455/RV/CJK