O'CONNOR v. MCNEIL

Filing 13

ORDER adopting 9 Report and Recommendation. 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 filing fee in its ent irety at the time he initiates the new case. The clerk of court is directed to return the filing fee to Plaintiff if and when it is received from the Middle District. Signed by SENIOR JUDGE LACEY A COLLIER on June 27, 2013. (cc finance) (pmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
NYKA O’CONNOR,
Inmate No. 199579,
Plaintiff,
vs.

Case No. 3:13cv179/LAC/EMT

WALTER McNEIL,
Defendant.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated June 17, 2013 (doc. 9). 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 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.

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 filing
fee in its entirety at the time he initiates the new case.
3.

The clerk of court is directed to return the filing fee to Plaintiff if and when it is

received from the Middle District.
DONE AND ORDERED this 27th day of June, 2013.

s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE