Filing 7

ORDER ADOPTING 6 REPORT AND RECOMMENDATION:Case is DISMISSED WITH PREJUDICE as malicious and for failure to prosecute and failure to comply with court orders. Set/Clear Flags: 28 U.S.C. §1915(e)(2). Signed by CHIEF JUDGE STEPHAN P MICKLE on 12/9/2009. (jws) Modified on 12/22/2009 to dismiss case in its entirety. (jws)

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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. BYRD BILLINGS, et al., CASE NO. 4:09cv323-SPM/WCS Defendants. ________________________/ ORDER THIS CAUSE comes before the Court for consideration of the magistrate judge's report and recommendation dated November 6, 2009 (doc. 6). 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 the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 6) is ADOPTED and incorporated by reference in this order. 2. This case is dismissed with prejudice as malicious and for failure to Page 2 of 2 prosecute and failure to comply with court orders. 3. 1915(e)(2). DONE AND ORDERED this 9th day of December, 2009. The clerk shall note that the dismissal is under 28 U.S.C. s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge CASE NO. 4:09cv323-SPM/WCS

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