RICHES v. PALIN

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATION 3 Report and Recommendation. ( Show Cause Response due by 1/10/2009 why this complaint did not violate Fed. R. Civ. P.11(b)). Signed by SENIOR JUDGE MAURICE M PAUL on 12/10/2008. The complaint is dismissed as frivolous and malicious pursuant to 28 U.S.C. § 1915(e)(2), and the Clerk of Court is directed to note on the docket that this cause was dismissed under 28 U.S.C. § 1915(e)(2)(B)(i). (kdm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JONATHAN LEE RICHES, Plaintiff, v. BRISTOL PALIN, PIPER PALIN, SARAH PALIN, TODD PALIN, TRIG PALIN, Defendants. ___________________________/ ORDER This matter is before the Court on Doc. 3, Report and Recommendation of the Magistrate Judge, recommending that Plaintiff's complaint, Doc. 1, be dismissed as frivolous and malicious pursuant to 28 U.S.C. 1915(e)(2). The time for filing objections has passed, and none have been filed. The Court agrees that this complaint is not based in reality and is frivolous. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. The complaint is dismissed as frivolous and malicious pursuant to 28 U.S.C. 1915(e)(2), and the Clerk of Court is directed to note on the docket that this cause was dismissed under 28 U.S.C. 1915(e)(2)(B)(i). CASE NO. 4:08-cv-00476-MP-WCS Page 2 of 2 3. Pursuant to Rule 11(b), (c)(1) and (c)(3), the Plaintiff must show cause by Saturday, January 10, 2009, why this complaint did not violate Fed. R. Civ. P. 11(b). Failure to show cause may result in imposition of financial and other sanctions necessary to deter repetition of comparable conduct in the future. DONE AND ORDERED this 10th day of December, 2008 s/Maurice M. Paul Maurice M. Paul, Senior District Judge Case No: 4:08-cv-00476-MP-WCS

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