NELSON v. DEPARTMENT OF CORRECTIONS

Filing 6

ORDER adopting 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 shall note on the docket that the dismissal of this action constitutes plaintiff's third strike under 28 U.S.C. § 1915(g). The clerk is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 11/17/2015. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
KENNETH NELSON,
Plaintiff,
v.

Case No. 3:15cv435/MCR/CJK

DEPARTMENT OF CORRECTIONS,
Defendant.
/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation dated October 16, 2015. (ECF No. 5). 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 any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, 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 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 shall note on the docket that the dismissal of this action constitutes

plaintiff’s third strike under 28 U.S.C. § 1915(g).
4.

The clerk is directed to close the file.

DONE AND ORDERED this 17th day of November, 2015.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE