WENK v. DICE et al

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is DENIED. This case is DISMISSED, pursuant to 28 U.S.C. § 1915(g), without prejudice to Plaintiffs initiating a new cause of action accompanied by payment of the $400.00 filing fee in its entirety. Signed by SENIOR JUDGE ROGER VINSON on 10/10/2019. (alb)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MICHAEL C. WENK, FDOC No. D52128, Plaintiff, vs. Case No.: 3:19cv3371/RV/EMT LIEUTENANT D. DICE, et al., Defendants. ____________________________/ ORDER This cause comes on for consideration upon the chief magistrate judge’s Report and Recommendation dated September 10, 2019 (ECF No. 4). Plaintiff has have 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 chief magistrate judge’s Report and Recommendation (ECF No. 4) is adopted and incorporated by reference in this order. 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is Page 2 of 2 DENIED; and 3. This case is DISMISSED, pursuant to 28 U.S.C. § 1915(g), without prejudice to Plaintiff’s initiating a new cause of action accompanied by payment of the $400.00 filing fee in its entirety. DONE AND ORDERED this 10th day of October, 2019. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE Case No.: 3:19cv3371/RV/EMT

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