SMITH v. BERCH

Filing 6

ORDER adopting the magistrate judge's 5 Report and Recommendation. This action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), as malicious for plaintiff's abuse of the judicial process. The clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 5/18/2015. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TYRONE L. SMITH,
Plaintiff,
v.

Case No. 3:15cv156/MCR/CJK

SERGEANT BERCH,
Defendant.
____________________________/
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge
filed on April 9, 2015 (doc. 5), pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing
any timely objections to the Recommendation, the Recommendation is adopted as the
opinion of the court.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 5) is adopted and

incorporated by reference in this order.
2.

This action is DISMISSED without prejudice pursuant to 28 U.S.C. §

1915(e)(2)(B)(i), as malicious for plaintiff’s abuse of the judicial process.
3.

The clerk is directed to close the file.

DONE AND ORDERED this 18th day of May, 2015.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE