COCHRAN v. TIFFT et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATION 71 Report and Recommendation; GRANTING 67 Motion for Sanctions, filed by NORMA B GILO. Signed by CHIEF JUDGE STEPHAN P MICKLE on 2/24/2010. This case is dismissed without prejudice for failure to exhaust administrative remedies and as a sanction for making false responses on the complaint. The clerk shall note on the docket that the dismissal is pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and constitutes a strike within the meaning of 28 U.S.C. § 1915(g). (kdm)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION OLIVER COCHRAN, Plaintiff, v. NORMA GILO, et al., Defendants. _________________________/ ORDER THIS CAUSE comes before the Court for consideration of the magistrate judge's Report and Recommendation (doc. 71) dated January 6, 2010. Plaintiff 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 it should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's Report and Recommendation (doc. 71) is CASE NO. 4:07cv425-SPM/AK

ADOPTED and incorporated by reference in this order. 2. 3. Defendants' Motion for Sanctions (doc. 67) is granted. This case is dismissed without prejudice for failure to exhaust

Page 2 of 2

administrative remedies and as a sanction for making false responses on the complaint. 4. The clerk shall note on the docket that the dismissal is pursuant to

28 U.S.C. § 1915(e)(2)(B)(ii) and constitutes a strike within the meaning of 28 U.S.C. § 1915(g). DONE AND ORDERED this 24th day of February, 2010.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 4:07cv425-SPM/AK