WALLACE v. SIZEMORE et al

Filing 10

ORDER. The magistrate judge's Report and Recommendation, ECF Doc. 8 , is adopted and incorporated by reference in this Order. This case is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(i) as malicious for abuse of the judicial process due to Plaintiff's failure to disclose his litigation history. The clerk is directed to close the file. Signed by JUDGE M CASEY RODGERS on 11/14/23. (jfj)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION HERMAN A. WALLACE, Plaintiff, v. Case No. 3:23cv21052-MCR-HTC OFFICER SIZEMORE, et al., Defendants. ____________________________/ ORDER The magistrate judge issued a Report and Recommendation on September 20, 2023. ECF No. 8. The parties were furnished a copy of the Report and Recommendation and 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 all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined the Report and Recommendation should be adopted. Accordingly, it is ORDERED: 1. The magistrate judge’s Report and Recommendation, ECF Doc. 8, is adopted and incorporated by reference in this Order. Page 2 of 2 2. This case is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(i) as malicious for abuse of the judicial process due to Plaintiff's failure to disclose his litigation history. 3. The clerk is directed to close the file. DONE AND ORDERED this 14th day of November 2023. M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE Case No. 3:23cv21052-MCR-HTC

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