SMITH v. BERCH
Filing
5
ORDER ADOPTING 4 REPORT AND RECOMMENDATION. Plaintiff's motion to proceed in forma pauperis (doc. 2 ) is GRANTED for the limited purpose of dismissing this action. 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. Signed by SENIOR JUDGE LACEY A COLLIER on 4/28/2015. (sdw)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TYRONE L. SMITH,
Plaintiff,
v.
Case No. 3:15cv97/LC/CJK
SERGEANT BERCH,
Transport Sergeant,
Defendant.
____________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated March 23, 2015 (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). No objections have been filed.
Having considered the Report and Recommendation, 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.
Plaintiff’s motion to proceed in forma pauperis (doc. 2) is GRANTED for the limited
purpose of dismissing this action.
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3.
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.
4.
The Clerk is directed to close the file.
DONE AND ORDERED this 28th day of April, 2015.
s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE
Case No. 3:15cv97/LC/CJK
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