BENTON v. WELLHAUSEN

Filing 6

ORDER adopting 4 Report and Recommendation. Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT PREJUDICE to Pla's initiating a new cause of action accompanied by payment of the $350.00 filing fee in its entirety. The clerk is directed to enter judgment accordingly and close the file. Signed by SENIOR JUDGE LACEY A COLLIER on April 6, 2012. (kvg)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION TOMMY LEE BENTON, Inmate #661443, Plaintiff, vs. Case No.: 3:12cv101/LAC/EMT G. WELLHAUSEN, et al., Defendants. ___________________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated March 20, 2012 (doc. 4). 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). 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. Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT PREJUDICE to Plaintiff’s initiating a new cause of action accompanied by payment of the $350.00 filing fee in its entirety. 3. The clerk is directed to enter judgment accordingly and close the file. DONE AND ORDERED this 6th day of April, 2012. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

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