RUIZ v. SHANER et al

Filing 8

ORDER adopting 6 Report and Recommendation. This cause is DISMISSED WITHOUT PREJUDICE as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), for plaintiffs abuse of the judicial process. All pending motions are DENIED as moot. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on September 10, 2012. (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CARLOS RUIZ,
Plaintiff,
vs.

Case No. 3:12cv405/LAC/CJK

LT. SHANER, et al.,
Defendants.
________________________________________________________________
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated August 30, 2012. (Doc. 6). 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 the 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 cause 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.

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3.

All pending motions are DENIED as moot.

4.

The clerk is directed to close the file.

DONE AND ORDERED this 10th day of September, 2012.

s /L.A.

Collier

LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:12cv405/LAC/CJK